Suhrada v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anton Suhrada, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 5th day of November, 1896, setting aside the verdict of a jury and granting a new trial on the ground that the verdict was against the weight of evidence.
1Opinion of the Court
Rumsey, J.:
The plaintiff was injured while attempting to board a car on the defendant’s railroad in August, 1894. The question presented upon the trial was whether the car had stopped when the plaintiff attempted to get on board of it, and he was injured by the sudden starting of it before lie was able to get his footing upon the car, or whether he attempted to board the car1 while it was in motion, and was thrown down and hurt. The question was. submitted to the jury by the trial judge, with appropriate instructions, and by them a verdict for the plaintiff was returned. On the coming in of…
2Cases cited2 opinions
- Layman v. John Anderson & Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Mulligan v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
3Cited by7 opinions
- Rapant v. OgsburyAppellate Division of the Supreme Court of the State of New York · 1952
- Silverman v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Lacs v. James Everard's BreweriesAppellate Division of the Supreme Court of the State of New York · 1901
- McStay v. Erie RailroadNew York Supreme Court · 1917
- Berkman v. FriedmanCity of New York Municipal Court · 1918
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