Clark v. . Eighth Avenue Railroad Co.
New York Court of Appeals
The Defendant, a railroad corporation, was engaged in 1856 in carrying passengers in cars propelled by horse-power in the streets of Hew York. In the fall of that year the Plaintiff went on board of one of the Defendant’s cars for the purpose of being carried therein, and, while standing on the step of the front platform of the car, was knocked therefrom by a horse and cart coming in contact with him, by which he received some injury.
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The Defendant, a railroad corporation, was engaged in 1856 in carrying passengers in cars propelled by horse-power in the streets of Hew York. In the fall of that year the Plaintiff went on board of one of the Defendant’s cars for the purpose of being carried therein, and, while standing on the step of the front platform of the car, was knocked therefrom by a horse and cart coming in contact with him, by which he received some injury. The cause was tried at the Circuit in Hew York by jury. Upon the trial an exception was taken by the Defendant to a refusal of a nonsuit by the Court, and…
1Opinion of the CourtGrover, J.
The Defendant’s counsel, at the close of the Plaintiff’s case, moved for a nonsuit upon the grounds that the Plaintiff had failed to show that the injury was received without negligence on his part contributing thereto; also that the evidence showed that his negligence did so contribute, and upon the further ground that the evidence failed to show any negligence in the Defendant or its servants. The negligence alleged against the Plaintiff was that at the time of receiving the injury he was standing on the steps of the front platform of the car; it appearing that he would have escaped the…
2Cited by42 opinions
- Gornstein v. PriverCalifornia Court of Appeal · 1923
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Fowler v. B. & O. R. R. Co.West Virginia Supreme Court · 1881
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