Strembel v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Bropklyn Heights Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of April, 1904, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 4th day of May, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the CourtJenks, J.
The action is for negligence. The plaintiff became a passenger ' in a car of the elevated railroad of defendant at the 'terminus near • Broadway ferry. She sat in a cross seat of thé car, laid her hand on the sill of an open window, and kept it there.continuously. After a time and during her journey the window fell-upon her. hand and injured it.’ She complains that the window was improperly, negligently and carelessly fastened, was in a defective and unsafe con-dition, and-that the defendant was negligent in using such a car. There is no evidence to justify the. finding -that the window ivas…
2Cases cited7 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Goss v. Northern Pacific Railway Co.Oregon Supreme Court · 1906
- Bassell v. HinesCourt of Appeals for the Sixth Circuit · 1920
- Orms v. Traction Bus Co.Supreme Court of Pennsylvania · 1930
- Chicago, R. I. & G. R. Co. v. JonesSupreme Court of Oklahoma · 1920
- Boice v. Ulster & Delaware RailroadAppellate Division of the Supreme Court of the State of New York · 1907
3 more not listed; retrieve them via the Exa API.