Bockhaus v. . Interborough Rapid Transit Company
New York Court of Appeals
Appeal, by permission, from an order of the Appelate Division of the Supreme Court in the first judicial department, entered March 26, 1915, which affirmed an order of the court at Trial Term denying a motion to set aside an order dismissing the complaint and for a new trial in an action to recover damages for personal injuries sustained by the plaintiff as a result of being thrown from a subway train to the tracks below.
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Appeal, by permission, from an order of the Appelate Division of the Supreme Court in the first judicial department, entered March 26, 1915, which affirmed an order of the court at Trial Term denying a motion to set aside an order dismissing the complaint and for a new trial in an action to recover damages for personal injuries sustained by the plaintiff as a result of being thrown from a subway train to the tracks below. He was precipitated over the chains connecting two cars, while he was passing from one car to another, by a violent lurch of the train. The following questions were…
1Opinion of the Court
Order affirmed, with costs; first question certified answered in the negative; second question not answered; no opinion.
Concur: Hiscook, Oh. J., Chase, Hogan, Pound, Crane and Andrews, JJ. Not sitting: McLaughlin, J.
2Cited by3 opinions
- Libaris v. MurrayAppellate Division of the Supreme Court of the State of New York · 1937
- Weinman v. MurrayAppellate Division of the Supreme Court of the State of New York · 1939
- Sykes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945