Farrell v. Houston & West Street & Pavonia Ferry Railway Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by James Donohue against the Houston & West Street & Pavonia Ferry Railway Company for injuries received by the alleged negligence of defendant. Judgment for plaintiff for $2,772.86, and defendant appealed. Pending the appeal plaintiff died, and the action was revived in the name of Maria Farrell, his administratrix.
1Opinion of the CourtVan Brunt, P. J.
This action is brought to recover damages suffered by one James Donohue by being thrown off a car of the defendants, such car having run off the track at a switch. The evidence upon the part of the plaintiff tended to show that said .Tames Donohue at the corner of Thirty-Second street and First avenue boarded a car of the defendants, and walked through and deposited .his fare in the box. The car was a two-horse car, and had no conductor. It was about 10 o’clock at night, and Donohue could not see the lettering on the car, and was not sure of Its destination. The front door was wide open, and…
2Cited by3 opinions
- Cassidy v. Atlantic Avenue RailroadNew York City Court · 1894
- Stevenson v. Second Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Hill v. Chicago City Railway Co.Appellate Court of Illinois · 1906