Legal Opinion
Starkman v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Decided December 15, 1913PublishedCited by 2 opinions
Appeal by the plaintiff from a judgment of the City Court of the city of New York entered upon the dismissal of the complaint at the close of plaintiff’s case.
1Opinion of the CourtWhitaker, J.
The allegations of the complaint, so far as máterial to the questions under discussion, are as follows:
“ Second. That on or about the 15th day of March, 1911, the plaintiff was a passenger for hire on one of defendant’s cars upon said Second Avenue Elevated Railroad. That at or near the 80th Street station of said elevated railroad defendant, its agents or servants negligently, carelessly and violently stopped said car upon which said plaintiff was riding so as to throw plaintiff in such a manner that plaintiff’s left foot was caught between the car upon which plaintiff was riding and the car…
2Cases cited3 opinions
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- Hassen v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Fellows v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1921
- Weinman v. MurrayAppellate Division of the Supreme Court of the State of New York · 1939