Legal Opinion

Grogan v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1905PublishedCited by 5 opinions

Appeal by the defendant, The Brooklyn Heights Railroad Company, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 7th day of December, 1904, setting aside the verdict of a jury in favor of said' defendant.

1Opinion of the Court

Miller, J. :

The plaintiff was a passenger of the defendant, seated' in one of its cars. A person undertaking to enter the car through the window in some manner undisclosed by the record kicked the plaintiff in the face, breaking his nose. It appeared that at the station where the accident occurred during rush hours people had frequently gained'ingress to the cars by climbing through the windows, and it does not appear that the defendant took any measures to prevent the practice. One witness, an employee of the defendant, called by it, testified that he had seen people climbing'in through the…

2Cases cited1 opinion

  1. Grogan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by5 opinions

  1. Mieuli v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
  2. Slomka v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920
  3. Munday v. Nassau Electric RailroadNew York Supreme Court · 1917
  4. George C. Flint Co. v. MalevinskyAppellate Terms of the Supreme Court of New York · 1912
  5. Viele v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912

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