Sheeron v. Coney Island & Brooklyn Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Coney Island and Brooklyn Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of April, 1903, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 9th day of April, 1903, denying the defendant’s motion for á new trial made upon the minutes.
1Opinion of the Court
Hibsohberg, J".:
The judgment recovered is for damages for the alleged negligent killing of the plaintiff’s intestate. He was a passenger on the running-board of one of the defendant’s open trolley cars, and was thrown or fell under the wheels of the car on Smith street, in the borough of Brooklyn, while the car was crossing Schermerhorn street. The issue tried before the jury was whether a violent jerk and accompanying accelerated speed of the car threw him off as he was standing upon the running board and holding on by the stanchions with both hands, as contended by the plaintiff, or…
2Cases cited5 opinions
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Hassen v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Wood v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Sheeron v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- McGrath v. Brooklyn, Q. C. & S. RailroadNew York Supreme Court · 1895
3Cited by2 opinions
- Tietz v. International Railway Co.New York Court of Appeals · 1906
- Gatens v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903