Legal Opinion

Whitaker v. Staten Island Midland Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 1902PublishedCited by 1 opinion

Appeal from trial term, Kings county. Action by Katherine V. Whitaker against the Staten Island Midland Railroad Company. From a judgment nonsuiting plaintiff, she appeals.

1Opinion of the CourtHirschberg, J.

The plaintiff recovered a verdict on the first trial of this case, and the judgment entered on it was reversed because the jury was permitted to predicate negligence on the defendant’s part from the fact that at the time of the accident the side bar on the left side of the car was up. Whitaker v. Railroad Co., 65 App. Div. 451, 72 N. Y. Supp. 814. As stated by Mr. Justice Willard Bartlett, writing for the court:

“The proof showed that the plaintiff fell or was thrown from the left side of an open car at or near an abrupt curve in the track after the car had passed the usual stopping place…

2Cases cited12 opinions

McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
Higgins v. . EagletonNew York Court of Appeals · 1898
Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899

7 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Whitaker v. Staten Island Midland R.Appellate Division of the Supreme Court of the State of New York · 1902