Miles v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,. May Isabel Miles, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 21st day of November, 1896^ upon the dismissal of the complaint directed by the court after a trial before the court and a jury. The action was brought to recover damages for personal injuries sustained by the plaintiff by reason of alleged negligence in the management of the defendants’ road.
1Opinion of the Court
Hatch, J.:
Wé must assume that the plaintiff received her injury by reason of the sudden and violent jerk of the car. The question presented, therefore, is, was the defendant guilty of negligence in producing this sudden movement of the train. The court, at the trial, held, as matter of law, that negligence of the defendant was not established and dismissed the plaintiff’s complaint at the close of, the proof. While the evidence upon some of the main points in the "case was meagre, somewhat obscure and conflicting, we think, upon the whole, that it was sufficient to carry the case to the jury,…
2Cases cited4 opinions
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Colwell v. Manhattan Railway Co.New York Supreme Court · 1890
- Bartholomew v. . New York Central Hudson River Rd. Co.New York Court of Appeals · 1886
- Newton v. Central Vermont R.New York Supreme Court · 1894
3Cited by4 opinions
- Dochtermann v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Lomas v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Kettel v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1917
- Moskowitz v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903