Willis v. Metropolitan St. Ry. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Charles E. Willis against the Metropolitan Street Railway Company. From a judgment of dismissal entered at the close of plaintiff’s case, and from an order denying a motion for a new trial, plaintiff appeals.
1Opinion of the CourtWoodward, J.
The plaintiff’s complaint alleged:
“The plaintiff lawfully attempted to board an east-bound car of the defendant upon 14th street at or near its intersection with Fourth avenue, * * * and, while so lawfully attempting to board the defendant’s said car, the defendant’s conductor in charge of said car negligently, carelessly, and recklessly interfered with said plaintiff, by reason whereof said plaintiff was thrown from said car into the street and severely injured.”
The evidence of the plaintiff tended to show that at about 8 o’clock in the evening of July 28, 1900, the plaintiff, in company…
2Cases cited16 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Kain v. . LarkinNew York Court of Appeals · 1894
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
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