Payne v. Forty-Second Street & Grand Street Ferry Railroad
The Superior Court of New York City
Appeal by plaintiff from a judgment. The facts sufficiently appear in the opinion. I. The circumstances detailed in evidence show that the “ break-up,” testified to by the witness MoDermot, was for the purpose of allowing the boy to alight, in accordance with a request to the drivers to stop the car; no other reason or motive for stopping was proved ; the car, however, was continued in motion afterwards for over half a block and the width of Eighteenth street, and the boy…
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Appeal by plaintiff from a judgment. The facts sufficiently appear in the opinion. I. The circumstances detailed in evidence show that the “ break-up,” testified to by the witness MoDermot, was for the purpose of allowing the boy to alight, in accordance with a request to the drivers to stop the car; no other reason or motive for stopping was proved ; the car, however, was continued in motion afterwards for over half a block and the width of Eighteenth street, and the boy evidently was thrown from the car while standing on the platform waiting for the car to stop. These facts would have…
1Opinion of the Court
By the Court.—Curtis, J.
The pleadings concede that it was the defendant’s duty, as a common carrier, to receive passengers and deliver them at such points on its railroad as they 'should wish to enter or leave its cars. The deceased, a boy of twelve years of age, was a passenger in one of defendant’s cars, occupying a seat in the front part of the car. The platforms and passage-way were- crowded with passengers. The rear platform was so full no one could get on or otf. At about Twentieth street the boy went towards the front of the car, and out upon the platform. When the car passed the lower…
2Cases cited1 opinion
- Williams v. ThorpNew York Supreme Court · 1828