Boland v. Pennsylvania Railroad
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term; Action by William F. Boland against the Pennsylvania Railroad Company. From a judgment 'dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtSeabury, J.
The court below dismissed the complaint at the close of the plaintiff’s case. Plaintiff sued to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant. The plaintiff, while attempting to board one of the defendant’s cars, fell between the station platform and the train platform. The space between the car and the platform was said to be about eight inches. Plaintiff testified:
“I heard no warning given, ‘Watch your step!’ or anything of that kind.”
*1100The learned court below dismissed the complaint on the ground that the plaintiff was guilty of…
2Cases cited1 opinion
- Woolsey v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Dunn v. MurrayCity of New York Municipal Court · 1937