Gabel v. Brooklyn, Queens County & Suburban Railroad
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by David Gabel against the Brooklyn, Queens County & Suburban Railroad Company for personal injuries. Judgment for plaintiff, and defendant appeals.
1DissentMacLEAN, J.
The defendant appeals from a judgment entered upon a verdict in favor of the plaintiff in an action to recover damages for personal injuries, and claims prejudicial error in the refusal of the court to charge its request: “That, if the jury believe the witnesses for the defendant, their verdict must be for the defendant.” The theory of the plaintiff was that, while in the act of boarding defendant’s car which was at a standstill, it started with a jerk, and he was thrown off. The theory of the defendant was that *1049while the car was rounding a curve the plaintiff ran after the car, and collided…
2Cases cited3 opinions
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Meeker v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
- Meeker v. SmithAppellate Division of the Supreme Court of the State of New York · 1903