Berkowsky v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the ¡New York City ¡Railway Company, from a judgment of the Supreme Court in favor of the plaintiff entered in the office of the clerk of the county of ¡New York on the 27th day of Hay, 1907, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 23d day of Hay, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiff has recovered a judgment for damages for the death of his wife, who was injured by falling from the platform of one of defendant’s cars. The complaint alleges that the car had come to a standstill and plaintiff’s intestate attempted to alight therefrom but before she had a reasonable time to do so and while she was in the act of alighting therefrom, the car suddenly started up with a jerk .and she was thrown violently to the ground. The crucial question in the case was whether or not the car had stopped before the deceased fell or was thrown off, the defendant…
2Cases cited2 opinions
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Maloney v. MartinAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Xenakis v. Garrett Freight Lines, Inc.Utah Supreme Court · 1954
- People v. BoiceAppellate Division of the Supreme Court of the State of New York · 1982
- People v. CountrymanAppellate Division of the Supreme Court of the State of New York · 1922
- Manson-Jacobs Co. v. West 129th Street Building Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Miller v. Greenwald Petticoat Co.Appellate Division of the Supreme Court of the State of New York · 1920
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