Weldon v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York, New Haven and Hartford Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of April, 1913, upon the verdict of a jury for $750, and also from an order entered in said clerk’s office on the 24th day of April, Í913, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The New York, New Haven and Hartford Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of April, 1913, upon the verdict of a jury for $750, and also from an order entered in said clerk’s office on the 24th day of April, Í913, denying defendant’s motion for a new trial made upon the minutes. The action was to recover damages alleged to have been caused by the defendant’s negligence in not having a reasonably safe entrance to its depot.
1Opinion of the Court
Clarke, J.:
The complaint alleges that on the 23d of July, 1910, at about seven forty-five A. M., plaintiff, at the Van Nest station of the defendant, was on his way, as a passenger, to the place where passengers board defendant’s cars; and while within his rights as a passenger was obliged to go down a pair of stairs, and in doing so his foot slipped from under bim and he fell to the bottom of some twenty steps, without any fault on his part and solely through the wrongful and negligent act of the defendant keeping and maintaining a smooth, slippery and defective step or tread in said stairs.
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2Cases cited5 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
- Kline v. . AbrahamNew York Court of Appeals · 1904
- Getzoff v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Duffy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by4 opinions
- Meginn v. RamsdellAppellate Division of the Supreme Court of the State of New York · 1914
- De Renzis v. New York Rapid Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Kantrowitz v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Degheri v. EagleNew York Supreme Court · 1930