Francisco v. Troy & Lansingburgh Railroad
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by William Francisco against the Troy & Lansingburgh Railroad Company. Plaintiff was standing on the steps of the front platform of a car, and fell off while the car was rounding a curve. From a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Opinion of the CourtMayham, P. J.
There are two grounds upon which the defendant asks a reversal of this judgment independently of the exceptions taken to rulings as to the receipt of evidence and to the judge’s charge: First, that the plaintiff failed to prove that the defendant was guilty of negligence; second, that the plaintiff entirely failed to prove that he was free from contributory negligence. Upon the first proposition, as to evidence of the defendant’s negligence, it seems that the only ground upon which the plaintiff seeks to establish the negligence of the defendant is the allegation that the motor car was run at…
Also in this document: Concurrence.
2Cases cited4 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Babcock v. Fitchburg RailroadNew York Court of Appeals · 1893
- Chave v. New York & Harlem RailroadNew York Supreme Court · 1888
3Cited by4 opinions
- Byron v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1901
- Bailey v. Tacoma Traction Co.Washington Supreme Court · 1896
- Moskowitz v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Boetgen v. New York & H. RailroadNew York Supreme Court · 1898