Johnston v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City Railway Company, from a judgment of the Municipal Court of the city of New. York,, borough of Queens, in favor of the plaintiff, rendered on the 9th day of November, 1906. ■
1Opinion of the Court
Jenks, J.:
The action is for negligence. The testimony- for the plaintiff is as follows: He stood at a street corner in the borough of Manhattan, and when the open car of the defendant reached his standpoint it was stopped for passengers both to alight and" to board the car; of *457the latter class there were four or five, of whom he was the last.As he attempted to get on, he took hold of the rail by his-hand and put one foot on the step, when the car went on with full force, dragging him for half a block. The defendant was liable if, in. the absence of contributory negligence, it knew or should…
2Cases cited2 opinions
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Sexton v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- Woods v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Cooke v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1908
- Dale v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1911
- In re the Probate of the Last Will & Testament of ReeseAppellate Division of the Supreme Court of the State of New York · 1924
- Leventer v. Sheffield Farms-Slawson-Decker Co.Appellate Terms of the Supreme Court of New York · 1912
2 more not listed; retrieve them via the Exa API.