Ryan v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 14, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover damages for personal injuries received by plaintiff from stepping into a space between the station platform and one of defendant’s cars while attempting to get on board at its station in Grand street in the city of Hew York. The material facts are stated in the opinion. The learned trial judge erred in…
1Opinion of the CourtFinch, J.
The negligence charged in the complaint consisted in two omissions on the part of the defendant company:. First, in failing to have a platform or entrance-way to the car of sufficient or proper width; and, second, in “failing to carefully and prudently maintain and operate the said station platform, car and platform thereto, and the train to which said car was attached.” 27o evidence was given as to the latter omission' except as incidental to the first. It was claimed that the train might have been stopped at a different point relatively to the station, and so avoided an undue or improper…
2Cases cited2 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
3Cited by30 opinions
- Harrington v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Southern Railway Co. v. LefanSupreme Court of Alabama · 1915
- Hilborn v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
- Willworth v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Yarde v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
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