Merwin v. Manhattan Railway Co.
New York Supreme Court
Appeal from circuit court, Hew York county; Beach, Justice. Action by Eliza Merwin, as administratrix of Samuel Merwin, deceased, against the Manhattan Railway Company, to recover damages for the killing of plaintiff’s intestate. Judgment was entered upon the verdict of a jury in favor of plaintiff, from which, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtBartlett, J.
The plaintiff’s intestate was killed by falling between the cars of a train on the Third-Avenue Elevated Railroad between 6 and 7 o’clock p. m. on September 18, 1884. He got on board the train, which was going up town, at the Forty-Second street station. According to the testimony for the plai ntiff, the cars, including the platforms, were terribly crowded, so that it was almost impossible for the plaintiff’s intestate and his companion to get on. There were four ears on the train, and they stood on the rear platform of either the first or the second car. Upon leaving Sixty-Seventh street…
2Cases cited3 opinions
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Werle v. . Long Island Railroad CompanyNew York Court of Appeals · 1885
3Cited by11 opinions
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- Dawson v. Trustees of New York & Brooklyn BridgeAppellate Division of the Supreme Court of the State of New York · 1898
- Knaisch v. JolineAppellate Division of the Supreme Court of the State of New York · 1910
- Dittmar v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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