Clark v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of-New York on the 21st day of May, 190Í, upon the verdict of a jury for $7,0.00, and also from an order entered in said clerk’s office on the 3d day of June, 1901, denying the defendant’s motion for a new trial made, upon the minutes.
1DissentO’Brien, J.
The action was brought to recover for personal injuries sustained by the plaintiff on the afternoon of July 1, 1898, as he was about to board the defendant’s car at Astor place, the complaint alleging that while he “had his hands upon the handrails thereof, the conductor * * * without any warning * * * violently threw the step along the side of the said car, next to the plaintiff, downward,” and “ the edge of said step violently struck the plaintiff upon the knee cap and fractured the same.” Further, the complaint ■alleges: “ That by reason of said negligence of the said defendant * * *…
2Cases cited6 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
- Craig v. Laflin & Rand Powder Co.Appellate Division of the Supreme Court of the State of New York · 1900
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