Legal Opinion

Schalscha v. Third Avenue Railroad

Appellate Terms of the Supreme Court of New York

Decided January 15, 1897PublishedCited by 7 opinions

Appeal by defendant from judgment of the Ninth District Court.

1Opinion of the CourtAd am, J.

The action was to recover $99.99 damages alleged to have been sustained by the plaintiff through the negligence of the defendant.

According to the proofs of the plaintiff (a professional violinist, and a member of the Damrosch orchestra), it appears that on the night of June 24, 1896, he was in company with one Hatch; that at Third avenue and Eighty-second street Hatch signaled to the gripman of an open car of the defendant to stop; that the signal was answered and the car came to a complete standstill. Hatch boarded the car first. The plaintiff followed him and grasped the stanchion of the…

2Cases cited7 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
  3. Vandenburgh v. TruaxNew York Supreme Court · 1847
  4. Hutton v. MurphyNew York Court of Common Pleas · 1894
  5. Ryan v. MillerNew York Court of Common Pleas · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. FRANKLIN CORPORATION v. PRAHLER, JUSTIN M.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Howe v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1927
  3. Brady v. Metropolitan Street Railway Co.City of New York Municipal Court · 1900
  4. Brady v. Metropolitan Street-Railway Co.City of New York Municipal Court · 1900
  5. Cook v. Packard Motor Car Co.Supreme Court of Connecticut · 1914

2 more not listed; retrieve them via the Exa API.

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