Kettel v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John B. Kettel, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of November, 1915, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 22d day of November, 1915, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiff had taken one of the defendant’s trains at Jersey City for Rutherford, N. J. As the train was nearing the Rutherford station the trainman came into the car and called the name of the station. Before the car had come to a stop, but while it was practically in front of the station, the plaintiff went upon the platform of the car. While there and before the train had stopped the train gave a jerk, and he was thrown from the platform to the ground and suffered the injury for which he here sues. There is no question that the jerking of the train whereby the plaintiff was…
2Cases cited4 opinions
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Pruitt v. San Pedro, L.A. & Salt Lake R.R.California Supreme Court · 1911
- Schultze v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Costikyan v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1891
3Cited by8 opinions
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1939
- Rossi v. RossiNew York Supreme Court · 1944
- Meagher v. Long Island Rail RoadNew York Court of Appeals · 1970
- In re the Accounting of Security Trust Co.New York Surrogate's Court · 1948
- Ehrenzweig v. EhrenzweigNew York Supreme Court · 1977
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