Kramer v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 1, 1906, affirming a judgment of the Municipal Court of the city of New York in favor of defendant entered upon a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 1, 1906, affirming a judgment of the Municipal Court of the city of New York in favor of defendant entered upon a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division was wrong in affirming the judgment upon the ground that the plaintiff was not shown to have been a passenger. (Raphael v. Margolies, 42 Misc. Rep. 204; Wilson v. Rocke, 58 N. Y. 642; Fox v. N. Y. C. & H. R. R. R. Co., 95…
1Opinion of the CourtChase, J.
The plaintiff while riding in Flatbush avenue in the borough of Brooklyn, city of Hew York, on the running board of one of the defendant’s open cars, ivas hit by a plank or beam temporarily projecting at right angles from a fence which had been erected along the tracks on which the car was proceeding. lie was thrown from the car and received the injuries to recover damages for which this action is brought. On the trial of the action, at the close of the plaintiff’s testimony, his complaint was dismissed.
The jury could have found that the plaintiff boarded a Third avenue car at Tenth street…
2Cases cited4 opinions
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- N.Y.C. H.R.R.R. Co. v. . City of RochesterNew York Court of Appeals · 1891
- Wood v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by8 opinions
- Davenport v. PrenticeAppellate Division of the Supreme Court of the State of New York · 1908
- People v. . BreslerNew York Court of Appeals · 1916
- Ward v. International Railway Co.New York Court of Appeals · 1912
- Hirschberg v. Bertal Textile Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Edwards v. New Jersey & Hudson River Railway & Ferry Co.Appellate Division of the Supreme Court of the State of New York · 1911
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