Woods v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the ■ defendant, the New York and Queens. County Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the. office of the clerk of the county of Kings on the 17th day of January, 1908, upon the verdict of á jury for $2,500, and also from,an order entered in said clerk’s office on the 23d day of May, 1908, denying the 'defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff sues to recover damages for personal injuries which, she asserts, were caused by the negligence of the defendant’s servants in suddenly starting a car which she was attempting to board. Her version of the accident is that she had put one foot on the running.board and had taken hold of the handle or stanchion at the . side of the car, when it suddenly started and after going about six-, teen feet threw her to-the ground. • The defendant’s evidence tended to show that the plaintiff was well within the car before it started and that she attempted tó jump off in order to…
2Cases cited2 opinions
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Johnston v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Barry v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1913
- Olson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Woods v. New York & Q. C. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1909