Sullivan v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal ‘by the defendant, The Brooklyn Heights Bailroad Company, from a judgment of the County'Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county- of Queens on the 1st day of June, 1906, upon the verdict of a jury .for $200, and also from an order entered in said clerk’s office on the 29th day of Hay, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The learned court submitted the. case to the jury, and instructed it that the issue was whether or not the plaintiff received an electrical shock by stepping upon the rail. “ If he did receive an electrical shock by stepping upon the rails of tins track, and was. injured in that manner, he is entitled to recover.” At the close of. the charge the learned counsel for the respondent said : “ I ask your Honor to instruct the jury that if they believe the plaintiff received an electrical shock at the'time alleged and in the manner described by the plaintiff, unless they are'satisfied…
2Cases cited3 opinions
- Clarke v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Ludwig v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Ludwig v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1903
3Cited by1 opinion
- Anderson v. London Guarantee Accident Co.Louisiana Court of Appeal · 1948