Ward v. International Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 21, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as mate.rial, are stated in the opinion..
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 21, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as mate.rial, are stated in the opinion.. The court erred in refusing to submit to the jury the question of plaintiff’s contributory negligence in riding upon the running board of the car, and in charging as a matter of law that the plaintiff was not negligent in so doing. (Gallagher v. Newman, 190 N. Y. 444; McDonald v. M. S. R. Co., 164 N. Y. 607;…
1Opinion of the CourtCollin, J.
The plaintiff has recovered a judgment against the defendants for the damages for personal injuries received by him, while a passenger on a street surface car of the defendant railway company, through a collision between the car and an automobile of the defendant motor company at an intersection of streets in the city of Buffalo, 1ST. Y. The car was an open car, and at the time of the collision the plaintiff was standing upon one of the running hoards extending along its sides holding to the stanchions or uprights. He testified that the collision so jolted the car that he was thrown from the…
2Cases cited13 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Chapman v. . New Haven Railroad CompanyNew York Court of Appeals · 1859
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- Connolly v. . Knickerbocker Ice Co.New York Court of Appeals · 1889
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3Cited by7 opinions
- Graff v. United R.R. of S.F.California Supreme Court · 1918
- Kelly v. Santa Barbara Consolidated RailroadCalifornia Supreme Court · 1915
- Fardette v. New York & Stamford Railway Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Connor v. Western New York Motor Lines, Inc.New York Court of Appeals · 1928
- Oakman v. OgilvieSupreme Court of South Carolina · 1937
2 more not listed; retrieve them via the Exa API.