Gabriel v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Gabriel, from a judgment of the Supreme Court in favor of the defendant, entered in' the office of the clerk of the county of Queens on the 27th day of April, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Queens County Trial Term.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff sues to recover damages sustained by him in alighting from a car of the defendant at its station in Long Island City, on January 30, 1898, at “ something after 5 o’clock ” in the afternoon. The sun set that night at sixteen minutes after five.
The complaint alleged that “ whilst he was in the act of alighting * * * the plaintiff’s right foot suddenly descended into an aperture between defendant’s platform at said station and the carriage of defendant,” and that the injuries “ were solely caused by reason of the aperture between the platform and carriage aforesaid…
2Cases cited4 opinions
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Hanrahan v. Manhattan Railway Co.New York Supreme Court · 1889
- Hanrahan v. . Manhattan Railway CompanyNew York Court of Appeals · 1891
3Cited by3 opinions
- Trudnowski v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1927
- Dahl v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1929
- Feroli v. Massachusetts Bay Transportation AuthorityMassachusetts District Court, Appellate Division · 1989