Legal Opinion · Concurrence

Laverty v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided February 15, 1906Published

Appeal by the defendant from a judgment of the City Court of the city of Hew York in favor of the plaintiff, after a trial had at Trial Term before the court and a jury.

1Concurrence

Scott, J. (concurring).

I- am unable to find any evidence of negligence on the part of the defendant. The negligence alleged is that “the conductor in charge of said car failed to give the plaintiff a reasonable opportunity to alight from the same”. The conductor can scarcely be charged with negligence in this regard, unless he had notice that a passenger intended to alight, or the stoppage was under such circumstances that he should have anticipated that a passenger might attempt to alight. Grabenstein v. Metropolitan St. R. Co., 84 N. Y. Supp. 261. There is no contention in this case that…

2Cases cited1 opinion

  1. Grabenstein v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903

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