Henderson v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nassau Electric Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the. 21st day of March,' 1899, upon the verdict of a jury for $6,500, and also from an order entered in said clerk’s office on the 20th day of March, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The plaintiff was injured by coming in contact with a furniture van standing at the side of the street, in such close proximity to the car track as to. cause the plaintiff’s body to strike the same as the car passed, whereby he sustained injury for which the recovery of damages has been awarded. The facts of the case are, that the plaintiff took the car at the corner of Gates and Marcy avenue's, where it stopped for the purpose of receiving passengers. It was an open car and was crowded, the seats being all occupied; some persons were standing between the seats and others were upon…
2Cases cited2 opinions
- Moylan v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Wood v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Kelly v. Santa Barbara Consolidated RailroadCalifornia Supreme Court · 1915
- Sternfels v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Tietz v. International Railway Co.New York Court of Appeals · 1906
- Moskowitz v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Rosen v. Dry Dock, East Broadway & Battery RailroadAppellate Terms of the Supreme Court of New York · 1904