Kiefer v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights 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 Queéhs on-the 20th day of April, 1905, upon the verdict of a jury for $300 ; also from an order entered in said clerk’s office on the 13th day of Hay, 1905, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 18th day of…
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Appeal by the defendant, The Brooklyn Heights 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 Queéhs on-the 20th day of April, 1905, upon the verdict of a jury for $300 ; also from an order entered in said clerk’s office on the 13th day of Hay, 1905, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 18th day of Hay, 1905, granting the plaintiff an extra allowance of costs. ' . ■
1Opinion of the Court
Miller, J.:
The plaintiff either fell or was thrown from the rear platform of one of the defendant’s cars as it was rounding a curve, and the question presented by this appeal is whether there was sufficient *405evidence of the defendant’s negligence and of the plaintiff’s freedom from contributory negligence. Plaintiff testified: “ As soon as the car went across the track and 'struck the second curve, it jogged me like that and I was thrown off and I didn’t know any more. It was not the ordinary jog of turning that I had experienced before. * * *. I knew of this bend in the. car tracks crossing…
2Cases cited2 opinions
- Moskowitz v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Moskowitz v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1905
3Cited by4 opinions
- Ward v. International Railway Co.New York Court of Appeals · 1912
- Chicago Union Traction Co. v. DucksteinAppellate Court of Illinois · 1907
- Midland Valley R. v. PageDistrict Court, E.D. Oklahoma · 1910
- Feldheim v. BrooklynAppellate Division of the Supreme Court of the State of New York · 1907