Scholtz v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Abraham Scholtz against the Interborough Rapid Transit Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
Unless we are to affirm that conjecture may supply what the proof omits, and that surmise or suspicion may serve for a probative inference, we cannot uphold the plaintiff’s recovery upon this record. A passenger upon the defendant’s railroad, he alighted at its City Hall station and followed several other persons upon the station platform; but in the course of his progress he was- caused to fall because of an obstruction in his path. The obstruction was an iron gate, some two feet square and two inches thick, which was lying upon the platform, but which had, so far as appears, no- sensible…
2Cases cited4 opinions
- Idel v. . MitchellNew York Court of Appeals · 1899
- Benson v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1900
- Millie v. Manhattan Railway Co.New York Court of Common Pleas · 1893
- Millie v. Manhattan Railway Co.New York Court of Common Pleas · 1895
3Cited by1 opinion
- Serviss v. Ann Arbor RailroadMichigan Supreme Court · 1912