Slomka v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nassau Electric Railroad Company, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 19th day of June, 1919, setting aside the verdict in favor of the defendant.
1Opinion of the Court
Jenks, P. J.:
I think that the defendant should hold the verdict. The action is for negligence. The plaintiff testifies that after she had sat as a passenger in an adjustable seat of the defendant’s car for 5 or 7 minutes, the seat collapsed. She testifies that she sat with her feet under that seat, so that it came down upon the calves of her legs. The negligence assigned is that this seat was “ out of order and in a defective and worn condition; that the supports thereunder had not been properly placed where' they belonged, by the defendant.” There was no testimony to support these…
2Cases cited5 opinions
- Mieuli v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Fox v. Le ComteAppellate Division of the Supreme Court of the State of New York · 1896
- McPadden v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- Connolly v. Central Vermont RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Grogan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Szpyrka v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Slomka v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- Warner v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1941