Eppendorf v. Brooklyn City & Newtown Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries , alleged to have been sustained through defendant’s negligence. The facts sufficiently appear in the opinion. The motion for a non-suit should have been granted on the ground of plaintiff’s contributory negligence. (Phillips v. R. & S. R. R. Co., 49 N. Y., 177; Burrows v. Brie Ry.
Read the full summary
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries , alleged to have been sustained through defendant’s negligence. The facts sufficiently appear in the opinion. The motion for a non-suit should have been granted on the ground of plaintiff’s contributory negligence. (Phillips v. R. & S. R. R. Co., 49 N. Y., 177; Burrows v. Brie Ry. Co., 63 id., 556 ; Morrison v. Erie Ry. Co., 56 id., 302 ; Taber v. D., L. & W. R. R. Co., 4 Hun, 765 ; Gunion v. Har.…
1Per curiam
In August, 1874, the plaintiff desiring to take passage in one of the defendant’s street cars, signalled the driver of an open car then passing in the street to stop. The driver recognized the signal, applied the brake, and slowed the car. While it was moving slowly, the plaintiff attempted to get on. He placed one foot upon the rail on the side, taking hold of the end of one of the seats with his hand, and raised himself from the ground, but before he could place the other foot firmly upon the rail, the driver, while looking at him and without any signal or notice to him, let go the brake,…
2Cases cited3 opinions
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
- Phillips v. . Rensselaer and Saratoga R.R. Co.New York Court of Appeals · 1872
- Burrows v. . Erie Railway Co.New York Court of Appeals · 1876
3Cited by10 opinions
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Kennon v. GilmerMontana Supreme Court · 1885
- Hodges v. HillMissouri Court of Appeals · 1913
- Hartley v. SzadkowskiAppellate Division of the Supreme Court of the State of New York · 1969
5 more not listed; retrieve them via the Exa API.