Legal Opinion

Commerford v. Interborough Rapid Transit Co.

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

Decided February 10, 1922PublishedCited by 11 opinions

Appeal in the first above-entitled action by the defendant, Interborough Rapid Transit 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 12th day of January, 1921, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 20th day of January, 1921, denying defendant’s motion for a new trial made upon the minutes.

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Appeal in the first above-entitled action by the defendant, Interborough Rapid Transit 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 12th day of January, 1921, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 20th day of January, 1921, denying defendant’s motion for a new trial made upon the minutes. Appeal in the second above-entitled action by the defendant, Interborough Rapid Transit Company, from a judgment of the Supreme Court in favor of t*he…

1Opinion of the Court

Smith, J.:

The plaintiff Mary F. Commerford, her only witness to the happening of the accident, swears that she went down to the subway station on Fourteenth street to take a train north. She allowed one train to go by which was scheduled for the east side and which she did not wish. Her accident happened while she was attempting to board the second train, by her foot slipping between the station platform and the car and her being thrown down upon the platform of the car. In this she claims to have suffered serious injury for which this judgment has been rendered. I am unable to see that there…

2Cited by11 opinions

  1. Eleanor M. Stagl v. Delta Airlines, Inc.Court of Appeals for the Second Circuit · 1995
  2. Cross v. MurrayAppellate Division of the Supreme Court of the State of New York · 1940
  3. Callaghan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1954
  4. Trudnowski v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1927
  5. Stern v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1954

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