Ayers v. . Rochester Railway Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 26, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion." The court erred in denying the defendant’s motion for a nonsuit, and in denying the defendant’s motion for the direction of a verdict.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 26, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion." The court erred in denying the defendant’s motion for a nonsuit, and in denying the defendant’s motion for the direction of a verdict. It must be established, not only that the defendant was guilty of an act or- omission producing the injury, but that the injury was…
1Opinion of the CourtBartlett, J.
This is an action to recover for personal injuries alleged to have been sustained by the plaintiff while a passenger on one of defendant’s street cars in the city of Rochester, by reason of the negligence of the company.
The plaintiff, a young lady twenty-two years of age at the time of the accident, was a teacher in a public school. The defendant operated a trolley line, and the plaintiff boarded one of its cars on the 13th of March, 1893, at the junction of Emerson street and Backus avenue, where the tracks turn from the former into the latter street. At the point where the plaintiff entered…
2Cases cited3 opinions
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Cleveland v. New Jersey Steamboat Co.New York Court of Appeals · 1891
3Cited by23 opinions
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Augusta Railway & Electric Co. v. LyleCourt of Appeals of Georgia · 1908
- O'Brien v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Kight v. Metropolitan RailroadCourt of Appeals for the D.C. Circuit · 1903
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