Cassidy v. Atlantic Avenue Railroad
New York City Court
Appeal from judgment in favor of the plaintiff, entered upon the verdict of a jury, and from order denying motion for a new trial.
1Opinion of the Court
Clement, Ch. J.
This action was brought to recover damages for personal injuries sustained by the plaintiff while a passenger upon the front platform of a closed car on the Hamilton Avenue line of defendant. The verdict was for the plaintiff for the sum of $10,000, and from the judgment entered thereon and the order denying a new trial this appeal is taken.
After a careful consideration of the testimony we are satis*276fied that the recovery in this case should be set aside. While it is not negligence, as matter of law, for a passenger to ride upon the front platform of a street railway car, yet a…
Also in this document: Concurrence.
2Cases cited9 opinions
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Hayes v. . Forty-Second St., Etc., R.R. Co.New York Court of Appeals · 1884
- Vail v. Broadway R. Co.New York City Court · 1893
- Medler v. Atlantic Avenue RailroadNew York City Court · 1891
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3Cited by3 opinions
- Bradley v. Second Ave. R.New York Supreme Court · 1895
- Cassidy v. Atlantic Ave. RailroadNew York City Court · 1895
- Cassidy v. Atlantic Avenue RailroadThe Superior Court of New York City · 1895