Waddy v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn Heights Railroad Company, from á judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of October, 1912, upon the verdict of a jury for $250, and also from an order entered in said clerk’s office on the 13th day of November, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Per curiam
The plaintiff states his belief that there was a car ahead of the one in which he was riding when he went on the front platform. The evidence is that such was not the case. As a person experienced by long use of cars- entering upon the loop and stopping, he knew that the car was passing around the loop to reach its stopping- place, but that it had not come to such a point, and he also knew- that the conductor’s call “All off” meant that he should'alight when'the car stopped. Experience also should have taught him that a car passing around such a loop often decreases and accelerates its speed…
2Cases cited2 opinions
- Ayers v. . Rochester Railway Co.New York Court of Appeals · 1898
- Dwyer v. Auburn & Syracuse Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Harris v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1988