Morrison v. Broadway & Seventh Avenue Railroad
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 January 16, 1890,' which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to - recover damages for injuries received by plaintiff, a man seventy years of age, while attempting to get on board one of defendant’s cars in the city of New York.
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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 January 16, 1890,' which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to - recover damages for injuries received by plaintiff, a man seventy years of age, while attempting to get on board one of defendant’s cars in the city of New York. The facts, so far as material, are stated in the opinion. There was no negligence on the part of the defendant. (Hayes v. F. S. S. R. R.…
1Opinion of the CourtBbadley, J.
The personal injury to the plaintiff resulted from his attempt to get on the defendant’s car. And the questions presented are whether the conclusion was warranted from the evidence that the injury was occasioned by the negligence of the defendant, and that it was not attributable to any negligence on the part of the plaintiff. It appears that he signalled Ms purpose to take the car, the brake was applied, *169and the motion of the car was slackened although not entirely stopped ; that the plaintiff then proceeded to get aboard and for that purpose he with both hands caught hold of the rail at the…
2Cases cited2 opinions
- Eppendorf v. . B.C. and N.R.R. Co.New York Court of Appeals · 1877
- Hayes v. . Forty-Second St., Etc., R.R. Co.New York Court of Appeals · 1884
3Cited by6 opinions
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1896
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Eikenberry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Mathews v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
- Stappers v. Interurban Street Railway Co.City of New York Municipal Court · 1907
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