Kohm v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interborough Rapid Transit Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of October, 1904, upon the verdict, of a jury for $3,000, and also from an. order entered in said clerk’s office on the llth day of October, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
This action is brought to recover damages sustained by the plaintiff through the death of her husband, which, it is alleged, was caused by the negligence of the defendant while he was a passenger upon one of its cars. On the day of the accident plaintiff’s intestate boarded a north-bound train upon defendant’s elevated road-, and while standing upon a platform of one of the cars he either fell or was pushed between that car' and the following one in such a manner that his leg was crushed, and about a month thereafter he died as the result of the injury. The plaintiff, as appears…
2Cases cited2 opinions
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- Viemeister v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Tietz v. International Railway Co.New York Court of Appeals · 1906