Schasel v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, International 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 Erie on the 16th day of February, 1918, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 15th day of March, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Kruse, P. J. (dissenting):
After the plaintiff and his companion had alighted from the car they went behind the car, stood there, looked and listened for a car on the adjoining track, but they did not see or hear any. Just where they stood does not appear, but it may be inferred that they stood between the rails of the south-bound, track upon which the car from which they had just alighted. was then thirty or forty feet away proceeding upon its journey. After looking and listening, no car being within their sight; or hearing, they proceeded toward the adjoining north-bound-track with the…
2Cases cited2 opinions
- Maynard v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Provoost v. . International Railway CompanyNew York Court of Appeals · 1913