Legal Opinion

Molloy v. New York City Ry. Co.

Appellate Terms of the Supreme Court of New York

Decided March 26, 1906PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Sixth District. - Action by Patrick Molloy against the New York City Railway Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtScott, P. J.

The plaintiff’s testimony, upon which the recovery herein is based, is to the effect that, while a south-bound car.upon which he was riding was crossing'Twenty-Eighth street, he signaled the conductor, who rang the bell to stop the car. The plaintiff stepped upon the running board of the car, supposing that it would stop at the south side of Twenty-Eighth street. It continued on its course, however, at the usual rate of speed until about 100 feet from TweffiySeventh street, where, as the plaintiff testifies, “the car gave a jerk, and I was pitched off.” This is not sufficient proof of…

2Cases cited1 opinion

  1. Black v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. Smith v. Union Railway Co.City of New York Municipal Court · 1931

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