Legal Opinion

McGlynn v. Nassau Electric Railroad

Appellate Division of the Supreme Court of the State of New York

Decided November 27, 1908PublishedCited by 2 opinions

Appeal by the plaintiff, Therese E. McGlynn, from a judgment of the Supreme Court iii favor of the defendant, entered in the office of the 'clerk of the county of Nassau on the 16th day of February, 1907, upon the dismissal of the complaint by direction of the court at the close 6'f plaintiff’s casé upon '& trial at the Nassau Trial Term.

1Opinion of the Court

Jenks, J.:

The- plaintiff sues the defendant, an electric street surface railroad corporation, for its negligence in starting, its car before she gained a seat in it, She was. dismissed at the ' close of her case. After testifying that she got into the closed car the plaintiff, continued : “ I could not have been very far in the car, I just passed-the door, then I started to-go and the car . started and I braced myself on my right foot, waited a couple of minutes, and then thinking everything was all right, I. started again — it gave a terrific jolt and threw me and I braced on my left foot,…

2Cases cited2 opinions

  1. Dochtermann v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  2. Dochtermann v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1900

3Cited by2 opinions

  1. Schargel v. United Electric Light & Power Co.Appellate Terms of the Supreme Court of New York · 1926
  2. Waterman v. Empire State RailroadAppellate Division of the Supreme Court of the State of New York · 1924

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