Legal Opinion

Yula v. New York & Queens County R. Co.

New York Supreme Court

Decided October 15, 1902PublishedCited by 2 opinions

Action for damages by a passenger for alleged negligence in being thrown from a street car while getting off, by the starting up of the car after it had come to a stop to let him off. Verdict for the defendant, and motion on the minutes for a new trial.

1Opinion of the Court

Gaynor, J.:

The conductor testified that he took the names of passengers on the car at the time of the accident for witnesses; but none of them was called as a witness. Counsel for the plaintiff argued to the jury that it was the duty of the defendant to call them, and that the presumption of law was that if called their testimony would be against the defendant. The court charged the jury that the defendant was under no duty to call them; that there was no such presumption, and that the case had to be decided on the evidence produced, and without regard to the failure of the defendant to call…

2Cases cited1 opinion

  1. Pronk v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by2 opinions

  1. Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908
  2. Indiana Union Traction Co. v. ScribnerIndiana Court of Appeals · 1911

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