McDonough v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bridget McDonough, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the lltli day of February, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of March, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
The plaintiff sued to recover for personal injuries which she alleges were sustained by being thrown by the sudden starting of one of defendant’s cars while she was attempting to alight.
Upon the trial there was no serious dispute but that the bell was rung to start the car. The defendant claimed, however, that it was rung by some passenger on the rear platform while the conductor was inside the car. Counsel for the plaintiff contended not only that it was a question of fact for the jury as to whether the bell to ■start the car was rung by the conductor or by a passenger, but also…
2Cases cited5 opinions
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
- McDonnell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Ferry v. Manhattan Railway Co.New York Court of Appeals · 1890
- McCurdy v. Traction Co.Superior Court of Pennsylvania · 1900
- Smith v. Kingston City RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by11 opinions
- Cary v. Los Angeles Ry. Co.California Supreme Court · 1910
- Carroll v. . BullockNew York Court of Appeals · 1913
- Fanshaw v. Norfolk & Portsmouth Traction Co.Supreme Court of Virginia · 1908
- Sure v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1912
- Blair v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1910
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