Legal Opinion

Ripley v. Second Avenue Railroad

The Superior Court of the City of New York and Buffalo

Decided May 7, 1894PublishedCited by 1 opinion

Appeal from jury term. Action by Walter B. Ripley against the Second Avenue Railroad Company for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.

1Opinion of the CourtMcADAM, J.

It appears that on September 3, 1891, the plaintiff was a passenger upon one of the defendant’s open cars on a trip *684to the Fulton ferry. At Beekman street he told the conductor he wanted to get off at the ferry. As the car did not stop, the plaintiff stood up, and, while in the act of hailing the conductor, the car struck the curve on the switch, and the rapid and unexpected twisting motion of the car jostled the plaintiff down upon the step running along the side of the car, and his foot was crushed by the hub of a truck with which the car collided, causing the injuries complained of. The…

2Cases cited3 opinions

  1. People v. . BriggsNew York Court of Appeals · 1889
  2. Gibson v. . Nat'l Park Bk. of N.Y.New York Court of Appeals · 1885
  3. Smith v. GunnNew York Supreme Court · 1891

3Cited by1 opinion

  1. Cullinan v. FurthmannAppellate Division of the Supreme Court of the State of New York · 1905

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