Block v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, in the office of the clerk of the county of New York on the 30th day of Novem’ber, 1900, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 12th day of December, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The plaintiff in this action alleges that the injury to the plaintiff was caused “ by reason of the carelessness, negligence and neglect of the defendant, its servants or agents.” There was no proof of any mismanagement of the car, or of any negligent performance by a servant of the defendant of any act which it was its duty to. do in transporting the plaintiff on the car. The undisputed evidence was that the plaintiff had an altercation with the conductor; that he tried to pull the bell to stop the car when the conductor, willfully and of his own malice pushed'him off the car. The…
2Cases cited2 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Zoller v. KelloggNew York Supreme Court · 1892
3Cited by5 opinions
- Fiorito v. Interurban Steet Railway Co.Appellate Terms of the Supreme Court of New York · 1905
- Fiorito v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905
- Willis v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Hammer v. Independent Lamp & Wire Co.Appellate Terms of the Supreme Court of New York · 1916
- Willis v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1902