Ansteth v. Buffalo Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made July 2, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made July 2, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in not directing a non-suit in this action at the close of plaintiffs case; in any event, it should have directed a verdict in compliance with, the defendant’s motion at the close of defendant’s case. The plaintiff failed to maintain his case by a…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for injuries sustained by the plaintiff in alighting from one of defendant’s street railroad cars on Plymouth avenue in the city of Buffalo on the 21st day of October, 1892.
The plaintiff was a boy ten years of age, and was at the time of the accident stealing a ride upon one of the defendant’s cars. He stood, as he testified, upon the step of the front platform with one hand upon the handle of the dashboard and the other upon the handle on the corner of the car. "While standing in this position the conductor passed through the car out upon the front…
2Cases cited2 opinions
- McCann v. . Sixth Ave. R.R. Co.New York Court of Appeals · 1889
- Hogan v. . Central Park, North and East River Rd. Co.New York Court of Appeals · 1891
3Cited by17 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Bjornquist v. Boston & A. R.Court of Appeals for the First Circuit · 1918
- Mugford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1899
- Becker v. MacDonaldIndiana Court of Appeals · 1986
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