Ramson v. Metropolitan Street RailWay Co.
Appellate Division of the Supreme Court of the State of New York
Van Brunt, P. J., and McLaughlin, J., dissented from the last proposition. Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of March, 1902, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 13th day of March, 1902, denying the defendant’s motion for a new trial made upon…
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Van Brunt, P. J., and McLaughlin, J., dissented from the last proposition. Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of March, 1902, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 13th day of March, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action is to recover for personal injuries sustained by the plaintiff by being thrown from the seat to…
1Opinion of the Court
O’Brien, J.:
The question of plaintiff’s contributory - negligence does not arise, it being conceded that she was seated as 'a passenger in the car when the accident happened. The defendant’s negligence is predicated upon the fact that the car suddenly and violently left the track and tilted to one side, throwing the plaintiff to the floor and causing her injuries. This fact, together with evidence that the-track at the place was being changed to electric service ; that cobble stones were removed; that sand was piled along the track, a trench dug and barrels of gravel were present, and that a…
2Cases cited4 opinions
- Geoghegan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Hollahan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Pollock v. Brooklyn & Cross-Town RailroadNew York Supreme Court · 1891
- Stevenson v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Keefe v. . LeeNew York Court of Appeals · 1909
- Szpyrka v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Wilkins v. Nassau Newspaper Delivery Express Co.Appellate Division of the Supreme Court of the State of New York · 1904