Fine v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment for the plaintiff which was rendered at a Trial Term of the City Court of the city of ETew York, upon a verdict in his favor, and from an order denying the defendant’s motion for a new trial made- upon the minutes of the trial justice.
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Appeal from a judgment for the plaintiff which was rendered at a Trial Term of the City Court of the city of ETew York, upon a verdict in his favor, and from an order denying the defendant’s motion for a new trial made- upon the minutes of the trial justice. Action by a passenger upon one of the defendant’s cars to recover for personal injuries sustained through the negligence of the defendant’s employees in the premature starting of the car and while the plaintiff was in the act of boarding it.
1Opinion of the CourtBischoff, J.
The gravamen of the complaint was not, as counsel for the appellant contend, that the plaintiff sustained injury while in the act of boarding the defendant’s car, because it was suddenly started with a violent jerlc, but that he sustained his injury by a fall from the car caused by its being started at all before he had been given reasonable opportunity to place himself in a position of security. This required no proof that the car was started with more than ordinary violence, since negligence of the defendant’s employees was predicable of the fact alone that the car was started with…
2Cases cited5 opinions
- Keating v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1872
- Lilly v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1887
- New York Board of Fire Underwriters v. Whipple & Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Fall Brook Coal Co. v. . HewsonNew York Court of Appeals · 1899
- De Rozas v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Cincinnati, Hamilton & Dayton Railway Co. v. ArmuthIndiana Supreme Court · 1913
- Hartman v. The Berlin & Jones Envelope Co.New York Supreme Court · 1911