Whitaker v. Staten Island Midland Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Katharine V. Whitaker against the Staten Island Midland Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtWillard Bartlett, J.
The complaint alleged that on June 13, 1899, while the plaintiff was a passenger on one of the defendant’s trolley cars, she was precipitated from the car into the street by the gross negligence of the defendant, its agents or servants, and thereby sustained serious and permanent injuries. The proof showed that the plaintiff fell or was thrown from the left side of. an open car, at or near an abrupt curve in the track, after the car had passed the usual stopping place without stopping. The lady was standing at the time, and had her arm around her little boy, to prevent him from falling from…
2Cited by2 opinions
- Whitaker v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Whitaker v. Staten Island Midland R.Appellate Division of the Supreme Court of the State of New York · 1902