Legal Opinion

Wainwright v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided July 1, 1905Published

Appeal by the defendant from a verdict in favor of the plaintiff, entered in the City Court of the city of New York, upon the verdict of a jury; and from an order denying a motion for a new trial.

1Opinion of the CourtMacLean, J.

The plaintiff alleged that on the 3rd day of June, 1903, the plaintiff herein duly signalled to the motorman and conductor in charge; that the “ car thereupon came *646to a standstill and plaintiff was carefully and prudently in the act of boarding said car when, without any warning to said plaintiff, said car was suddenly and violently started causing plaintiff to be thrown from said car.” He testified on his direct, that he attempted to get on the car backward; that he had an umbrella and a small parcel in his right hand, attempted to get on, took hold with his left hand on the upright of the…

2Cases cited1 opinion

  1. Coleman v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903

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