Rosen v. Dry Dock, East Broadway & Battery Railroad
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Morris Rosen against the Dry Do.ck, East Broadway & Battery Railroad Company. From a judgment for plaintiff, defendant cipjpGeils
1Opinion of the CourtGiedersleeve, J.
This is one of the ordinary actions to recover damages for personal injuries alleged to have been caused by the negligence of the defendant." The only question presented is whether or not the plaintiff was in any way guilty of contributory negligence. Plaintiff was riding upon the running board of an open car, and while in this position was hit upon the leg by coming in contact with the shaft of a wagon which was standing alongside of the track. He had boarded an east-bound Grand street' car at Third avenue. When he got on the car it was crowded, and he claims he was obliged to stand upon the…
2Cases cited2 opinions
- Henderson v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Henderson v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899