Knaisch v. Joline
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elsie Knaisch, from a judgment of the Supreme Court in favor of. the defendants; entered in the office of the clerk of the county of New York on the 14th day of December, 1909, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term.
1Opinion of the Court
Miller, J.:.The plaintiff, while a passenger on one of the defendants’ cars, was pushed from it by another passenger and thereby sustained a serious injury for which this action is brought. The negligence complained of was the overcrowding of the car.
The plaintiff, nineteen years of age, in company with her sister, boarded a Lexington avenue car at Twenty-third street, intending to alight at Eighty-third street. Upon entering the car she was able to get a seat, but the car rapidly filled up so that, as it approached Eighty-third street, the aisle and both platforms were crowded. Between…
2Cases cited4 opinions
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Dawson v. Trustees of New York & Brooklyn BridgeAppellate Division of the Supreme Court of the State of New York · 1898
- Merwin v. Manhattan Railway Co.New York Supreme Court · 1888
- MoVay v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by7 opinions
- Broder v. New York Consolidated RailroadAppellate Terms of the Supreme Court of New York · 1917
- Jordan v. St. Louis Public Service Co.Missouri Court of Appeals · 1937
- Ligon v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Ryan v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1926
- Bernunzio v. PlumbAppellate Division of the Supreme Court of the State of New York · 1934
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