Legal Opinion

Rooder v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided November 15, 1905PublishedCited by 1 opinion

Appeal by the defendant from a judgment in favor of plaintiff, entered upon the verdict of a jury in the City Court of the city of Hew York and, also, from an order denying defendant’s motion for a new trial.

1Opinion of the CourtGildersleeve, J.

This is one of the ordinary actions against a railroad company to recover damages for an injury received by the plaintiff, alleged to have been caused by the negligent starting of a car, before the plaintiff, a passenger thereon, had been given an opportunity to alight, after the ear had stopped in response to her request. The evidence was conflicting as to how the' accident occurred, the defendant’s witnesses testifying to a state of facts, which, if believed by the jury, would have entirely absolved the company from liability. The justice charged the jury that, if the accident happened as…

2Cases cited5 opinions

  1. McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  2. People v. McWhorterNew York Supreme Court · 1848
  3. Baldwin v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  4. Fremont v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  5. Robinson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Hartman v. JolineAppellate Terms of the Supreme Court of New York · 1908

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