Dusenbury v. Delaware, Lackawanna & Western Railroad
Appellate Terms of the Supreme Court of New York
Appeal by defendant from, a judgment of the Municipal Court of the city of New York, borough of Manhattan, fourth district, entered in favor of the plaintiff for $200 on the 31st day of January, 1916, after a jury trial.
1Opinion of the CourtCohalan, J.
Plaintiff sued to recover damages for personal injuries. It appears that she boarded a passenger train of the defendant at. East Orange, N. J., and, in walking up the aisle of the car, -tripped over *242a suit case that had been placed between two seats therein. In support of her allegation of negligence, the plaintiff attempted to prove that the defendant’s employees knew, or should have known, that the suit case was in the aisle, and should have removed it in time to have prevented the accident.
Plaintiff’s testimony and that of one Fisher was-, that as soon as the passenger train stopped at the…
2Cases cited1 opinion
- Millie v. Manhattan Railway Co.New York Court of Common Pleas · 1893
3Cited by1 opinion
- Selman v. City of DetroitMichigan Supreme Court · 1938