Anderson v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third! Avenue Railroad Company, from a judgment of the Supreme Court in favor of the' plaintiff, entered in the office of the clerk of the county of Queens on the 25th day of April, 1898, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 11th day of May, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
The gravamen of the plaintiff’s complaint in this action is. that while he was trying to board one of the defendant’s cars which had stopped to receive him as' a passenger, the car was suddenly .started so as to throw him down and inflict injuries which resulted in the loss of several fingers. The complaint expressly and distinctly alleged that the car stopped. Upon the trial the plaintiff testified positively that it did stop, and that he walked up to get on board'and “ took hold of the car after the car had stopped.”
In behalf of the defendant the evidence tended to show…
2Cases cited1 opinion
- Patterson v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Pratt v. Utah Light & Traction Co.Utah Supreme Court · 1918
- Coleman v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Roland v. International Railway Co.New York Supreme Court · 1912
- Walsh v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909