Gleason v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Gleason, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 7th day of March, 1904, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Dissent
McLaughlin, J. (dissenting):
This is the ordinary negligence action to recover damages for personal injuries alleged to have been sustained by the sudden starting of one of defendant’s cars. According to the uncontradicted proof the plaintiff attempted to board the car while it was in a place where it was stored and before it had been run out upon the tracks. There was no proof that the defendant’s servants in charge of the car knew or had reason to believe that the plaintiff was getting on the car when it was started, nor that by long and open user on the part of the public there was an…
2Cases cited2 opinions
- People v. . BuchananNew York Court of Appeals · 1895
- Jones v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898