Schulz v. Second Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Emily Schulz against the Second Avenue Railway Company. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1DissentRumsey, J.
On the 23d of August, 1891, the plaintiff, with her father,- was riding on a horse car of the defendant. That car was a summer car, with side curtains, which, as the day was rainy, were down. Just before they reached the place of their destination, the father notified the conductor to stop the car, and himself alighted. The plaintiff then attempted to get out of the car, when she fell, and received the injury of which she complains, and to recover for which she brings this action. The case was tried in March, 189G. At that time the plaintiff’s father was dead, and the driver and conductor of…
2Cases cited3 opinions
- Harris v. . PerryNew York Court of Appeals · 1882
- Sherry v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1887
- McPeak v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895