Schwartz v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, fifth district, borough of Manhattan.
1Opinion of the CourtSeabury, J.
The plaintiff has - recovered a judgment awarding him damages which he claims he sustained through the alleged negligence of the defendant. The plaintiff claimed the car had been brought to a stop and, while in the act of attempting to board it, it was suddenly started and that he was thrown and sustained the injuries in reference to which he testified. The defendant contended that the car was in motion; that it had not come to a stop and that the plaintiff ran after it and, in attempting to board it while it was in motion, was injured. The learned trial justice charged the jury as follows:…
2Cited by2 opinions
- Armour v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1915
- Sheridan v. City of New YorkNew York Court of Appeals · 1959