Legal Opinion
Dale v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Decided November 10, 1911Published
Appeal from City Court of New York, Trial Term. - Action by James Dale against the Interborough Rapid Transit Company. From a judgment for plaintiff, and from an order denying a. new trial, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtSeabury, J.
This is an action to recover damages for personal injuries alleged to have been sustained solely through the negligence of the defendant. The case presented an issue of fact, which should-have been submitted to the jury, and should not have been decided by the court as a matter of law. The learned trial court charged the-jury:
“As a matter of law, if that train was stopped, and started again under the-circumstances as detailed by the plaintiff in this action, then that was a wrongful act upon the part of the defendant corporation.’’
At the close of the charge the court, in response to a request…
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