Maimone v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal,by the defendant, The Dry Dock', East Broadway and Battery 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 Hew York on the 6th day of January, 1900, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 13th day of February, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for personal injuries, on the ground of defendant’s negligence. The plaintiff had a verdict and from the judgment entered thereon the defendant has appealed.
The complaint allegéd, in substance, that the plaintiff attempted to enter one of the defendant’s cars and, while he was in the act of doing so, the car was, without warning to him, suddenly started, and he was thrown to the street and “ severely bruised and injured in the left leg and left arm, and also suffered injury to his spine, and was also injured internally, by reason…
2Cases cited8 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
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3Cited by1 opinion
- Mackey v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906