Legal Opinion

Cross v. Murray

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 1940PublishedCited by 11 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the complaint alleges that the defendant was negligent in permitting a subway platform to become overcrowded, by reason of which plaintiff was forced off the platform to the train rails and was run over by an express train. Judgment entered on the verdict of a jury in favor of plaintiff reversed on the law and the facts and a new trial granted, costs to abide the event. Plaintiff’s proof was insufficient to raise a question as to whether or not the platform was excessively crowded. A subway company is not negligent merely because it…

2Cases cited4 opinions

  1. Williams v. New York Rapid Transit Corp.New York Court of Appeals · 1936
  2. McKinney v. New York Consolidated RailroadNew York Court of Appeals · 1920
  3. Commerford v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1922
  4. Hanshew v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1936

3Cited by11 opinions

  1. Eleanor M. Stagl v. Delta Airlines, Inc.Court of Appeals for the Second Circuit · 1995
  2. Ryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1959
  3. Jokelson v. Allied Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1968
  4. Stern v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1954
  5. McIvor v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1960

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