Graville v. . Manhattan R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court • of Common Pleas in and for the city and county of blew York, entered upon an order made January 16, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought- to recover damages sustained by plaintiff when a passenger on one of defendant’s cars, alleged to have been caused by the unlawful acts of defendant’s employes. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court • of Common Pleas in and for the city and county of blew York, entered upon an order made January 16, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought- to recover damages sustained by plaintiff when a passenger on one of defendant’s cars, alleged to have been caused by the unlawful acts of defendant’s employes. The material facts are stated in the opinion. The mere fact that there is no seat does not justify a passenger on a railway train in selecting any portion of the train,…
1Per curiam
The counsel for the defendant requested the court to charge the jury that although there were no seats inside the car, and people were standing therein, yet if there was room for the plaintiff he was bound to go there. The court refused to charge as requested, and to this refusal the counsel for the defendant excepted. We are of opinion that the defendant was entitled to this instruction, and that the exception was well taken.
It appears from the plaintiff’s testimony that he boarded a train going north, at Houston street, at about six o’clock Sunday evening. The car at the time was crowded,…
2Cited by6 opinions
- Fisher v. West Virginia & P. R.West Virginia Supreme Court · 1896
- Fisher v. West Virginia & P. R.West Virginia Supreme Court · 1894
- Worthington v. Central Vt. R.R.Supreme Court of Vermont · 1891
- Birmingham Railway, Light & Power Co. v. YieldingSupreme Court of Alabama · 1908
- Montgomery v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
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