Hastings v. Central Crosstown Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Hastings, from a judgment of the Superior Court of the city of New York in favor of the defendant, entered in the office of the clerk of said court on the 4th day of December, 1895, upon the dismissal of the complaint directed by the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on tlie 27tli day of November, 1895, denying the plaintiff?s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This action was brought to recover damages for personal injuries sustained by the plaintiff while a passenger upon a car belonging to the defendant, a street railway company, which injuries, it is alleged in the complaint, were caused by the negligence of the defendant’s servant, the driver of the car. The plaintiff at the time the accident occurred was riding on the front platform of the car, which circumstance induced the trial judge to dismiss the complaint, on the ground that the evidence showed that the plaintiff failed to place himself in as safe a position in the car as…
2Cases cited2 opinions
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Spooner v. Brooklyn City Railroad Co.New York Court of Appeals · 1873
3Cited by14 opinions
- Bosqui v. Sutro R.R. Co.California Supreme Court · 1901
- Hollahan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Dillon v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Stevenson v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Moskowitz v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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