Solomon v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an .order made May 14, 1885, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for alleged negligence causing the death of Joseph Solomon, plaintiff’s intestate. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an .order made May 14, 1885, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for alleged negligence causing the death of Joseph Solomon, plaintiff’s intestate. The material facts are stated in the opinion. The court erred in dismissing the complaint on the ground of the negligence of plaintiff’s intestate. (Eppendorf v. B., C. & U. R. R. Co., 69 N. Y. 195 ; Doss v. M., K. & T. R. R. Co.,…
1Opinion of the CourtAndrews, J.
It is undisputed that the train was in motion at the time the plaintiff’s intestate attempted to enter it. It had been brought to a stop, according to the usual custom, on reaching the Chatham Square station, for the purpose of discharging and receiving passengers, and had started again before the deceased and the two men in' front of him, hurrying from the Third avenue train across the bridge and down the steps to the station platform of the Second avenue road, had reached the rear of the first car. It is also undisputed that the conductor, who was standing on the platform between the first…
2Cases cited4 opinions
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
- Phillips v. . Rensselaer and Saratoga R.R. Co.New York Court of Appeals · 1872
- Burrows v. . Erie Railway Co.New York Court of Appeals · 1876
3Cited by51 opinions
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
- Worthington v. Central Vt. R.R.Supreme Court of Vermont · 1891
- Mearns v. Central Railroad of New JerseyNew York Court of Appeals · 1900
- Hunter v. Cooperstown & Susquehanna Valley RailroadNew York Court of Appeals · 1891
- Holden v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
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