Fox v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from an order of the Supreme Court, made at the Hew York Trial Term and entered in the office of the clerk of the county of New York on the 11th day of June, 1903, setting aside the verdict of a jury theretofore rendered in the above-entitled action in favor of the defendant and granting to the plaintiff a néw trial.
1Opinion of the Court
O’Brien, J.:
The plaintiff seeks in this action to recover damages for personal injuries alleged to have been received through the negligence of the defendant.
The plaintiff testified that on the 4th day of November, 1900,. at about half-past six in the evening, he was a passenger on an eastbound cal- of the defendant’s railroad on One Hundred and Twenty-fifth street; that when the car was between Lenox and Fifth avenues, he told the conductor to stop at Fifth avenue ; that as the car approached the corner he left his seat to get off ; that the car stopped at the corner on the westerly side of…
2Cases cited4 opinions
- Ward v. . CraigNew York Court of Appeals · 1882
- Brady v. . NallyNew York Court of Appeals · 1896
- Bryant v. AllenAppellate Division of the Supreme Court of the State of New York · 1900
- Foster v. TanenbaumAppellate Division of the Supreme Court of the State of New York · 1896