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