Barrett v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of December, 1918, on the verdict of a jury for $1,700. The plaintiff, with three ladies, entered a street car, operated by the defendant, at the comer of Middagh and Fulton streets in the borough of Brooklyn. The plaintiff had no intention of becoming a passenger.
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Appeal by the defendant, Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of December, 1918, on the verdict of a jury for $1,700. The plaintiff, with three ladies, entered a street car, operated by the defendant, at the comer of Middagh and Fulton streets in the borough of Brooklyn. The plaintiff had no intention of becoming a passenger. He paid the fare of the three ladies and then notified the conductor that he wished to alight at the next comer. According to the…
1Opinion of the Court
Blackmar, J.:
This appeal raises the question of the duty that the defendant owed to the plaintiff, who was not a passenger on the car. We think that the plaintiff was a licensee and not.a trespasser. He entered to pay the fare of the three ladies. Having *111done so, he requested the conductor to stop at the next street crossing. The conductor, learning then for the first time that he was not a passenger, consented and signaled the motorman to stop. In so doing he recognized that plaintiff was not wrongfully on the car and permitted his presence. (Grimshaw v. Lake Shore & M. S. R. Co., 205 N. Y.…
2Cases cited12 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Pomponio v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ferro v. Leopold Sinsheimer Estate, Inc.New York Court of Appeals · 1931
- Radio Cab, Inc. v. HouserCourt of Appeals for the D.C. Circuit · 1942
- Thibodeau v. Gerosa Haulage & Warehouse Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Jerzewski v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Skelka v. Metropolitan Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
12 more not listed; retrieve them via the Exa API.