Kreuzen v. Forty-Second St. M. & St. N. Ave. R. Co.
City of New York Municipal Court
Appeal from trial term. Argued before Ehrlich, C. J., and Van Wyck, J.
1Opinion of the CourtEhrlich, C. J.
The evidence shows that the driver jumped off, and the conductor ran towards the rear of the car, shouting that he was not going to be killed, and, as the plaintiff followed him out, and had his foot on the back platform, he was knocked off, and severely injured. What knocked him off does not distinctly appear, but it was evidently a collision between the car and something else, and not of a sudden and unexpected character, but something likely to happen. The danger must have been imminent, for it caused the driver and conductor to abandon all control of the car, leaving the occupants to…
2Cases cited5 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Schiffer v. . DietzNew York Court of Appeals · 1881
- McMichael v. . KilmerNew York Court of Appeals · 1879
- Oliwill v. VerdenhalvenCity of New York Municipal Court · 1889
3Cited by1 opinion
- Chicago, Burlington & Quincy Railroad v. CurtisNebraska Supreme Court · 1897