Francis v. . New York Steam Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made June 7, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made June 7, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligence. A few days before June 15, 1883, the defendant lawfully opened a trench parallel with and about twenty inches south of the south rail of the south track of the Sixth Avenue Street Railroad Company in…
1Opinion of the Court
Follett, Ch. J.
The court did not err in refusing to dismiss the complaint or in refusing to direct a verdict for the defendant.
Whether the upright fell upon the plaintiff’s arm, and, whether its fall was caused by the defendant’s negligence, and whether the plaintiff’s arm was inside or outside of the car were questions for the jury, and if found in the plaintiff’s favor, he was entitled to a verdict.
' The principal question discussed on this appeal is whether the court erred iu instructing the jury that if they found that the plaintiff’s arm was out of the window when injured, it was a…
2Cases cited4 opinions
- Dahlberg v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1884
- Holbrook v. Utica & Schenectady RailroadNew York Supreme Court · 1852
- Dale v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
- Hallahan v. New York, L. E. & W. R. R. Co.New York Court of Appeals · 1886
3Cited by11 opinions
- Cummings v. Wichita Railroad & LightSupreme Court of Kansas · 1904
- Cummings v. Worcester, Leicester, & Spencer Street Railway Co.Massachusetts Supreme Judicial Court · 1896
- Rice v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1910
- Tucker v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- McCord v. Atlanta & Charlotte Air Line RailroadSupreme Court of North Carolina · 1903
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