Ramson v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Euphemia Ramson against the Metropolitan Street Railway Company. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. Affirmed.
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Appeal from trial term, New York county. Action by Euphemia Ramson against the Metropolitan Street Railway Company. From a judgment in favor of plaintiff and from an order denying a new trial, defendant appeals. Affirmed. The action is to recover for personal injuries sustained by the plaintiff by being thrown from the seat to the floor of one of the defendant’s northbound open horse cars on Sixth avenue, between Thirty-Fifth and Thirty-Sixth streets, on the afternoon of September 2, 1898. .The cause of the accident was due to an obstacle on the right side of the track, which tipfled the car…
1Opinion of the CourtO’Brien, J.
The question of plaintiff’s contributory negligence does not arise, it being conceded that she was seated as a passenger in the car when the accident happened. The defendant’s negligence is predicated upon the fact that the car suddenly and violently left the track and tilted to one side, throwing the plaintiff to the floor, and causing her injuries. This fact, together with evidence that the *590track at the place was being changed to electric service, that cobble stones were removed, that sand was piled along the track, a trench dug, and barrels of gravel were present, and that a barrel of…
2Cases cited6 opinions
- Geoghegan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Hastings v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Hollahan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Pollock v. Brooklyn & Cross-Town RailroadNew York Supreme Court · 1891
- Stevenson v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- Adams v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903