Johnson v. Yonkers Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, .the Yonkei'S Railroad Company, from • a judgment of the City Court of Yonkers in favor of the plaintiff, entered in the office of the . clerk of said court on the 2d d,av of February, 1904, upon the verdict of a jury for $500,- and also from-an order entered in said clérk’s office on the lltli day of 'February, 1904, denying the defendant^ motion for a. new trial made upon the.. minutes.- < -
1Opinion of the Court
Jenks, J.:
The action is for negligence! The plaintiff complains that while, she as a passenger on the defendant’s electric street railroad was seéking to' alight from its car she was thrown therefrom to the ground by the starting of the car. .The defendant bases its appeal upon two rulings of the court upon its requests for charges to the ■ jury. The first error assigned is the refusal to charge: “If the-' plaintiff knew at the time the bell was rung that the car was to' start, and she was at- that timé in a position of safety and' thereafter ptit herself in a position of danger-, she…
2Cases cited6 opinions
- Palmer v. . DearingNew York Court of Appeals · 1883
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
- Rexter v. . StarinNew York Court of Appeals · 1878
- Weidinger v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Penny v. . Rochester Railway CompanyNew York Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sallie v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906