Goldstein v. Metropolitan 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, rendered in favor of plaintiff.
1Opinion of the CourtGreenbaum, J.
The complaint alleges the negligence of the defendant in starting the car after it had been stopped and after plaintiff had started to alight.
Under such a pleading, the defendant was entitled to the charge which it asked the court to make to the jury that “If plaintiff alighted from the car when it was moving, no matter how slowly, provided it had not already stopped, she cannot recover.”
*648The court declined to charge as requested and added, “ It is a question for you to determine if the ear was moving so slowly that the plaintiff could have gotten off without any accident happening; yon have a…
2Cases cited1 opinion
- Coleman v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903