Legal Opinion

Luter v. Union Railway Co.

Appellate Terms of the Supreme Court of New York

Decided February 15, 1914Published

Appeal by defendant from a judgment of the City Court of the city of New York in favor of plaintiff, after a trial by a court and jury.

1Opinion of the CourtBijur, J.

Plaintiff sued for personal injuries resulting from the alleged negligence of the defendant.

In May, 1912, plaintiff, who was then thirteen years old, in company, with five other boys, climbed on the rear bumper of one of defendant’s trolley cars. Plaintiff stood almost at the extreme left of the bumper. According to his and his witnesses’ testi*48mony, after the car had proceeded a few hundred feet, the conductor, who had been collecting fares in the front of the car, came rapidly toward them, called to them to get off and made threatening gestures. At this, plaintiff became frightened and he…

2Cases cited4 opinions

  1. Stierle v. . Union Railway Co.New York Court of Appeals · 1898
  2. Pinder v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1903
  3. Kelly v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. Prenderville v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1909

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