Palmer v. . Pennsylvania 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 December 20, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries sustained by plaintiff from slipping and falling from the platform of a car on defendant’s road. The material facts are stated in the opinion.
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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 December 20, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries sustained by plaintiff from slipping and falling from the platform of a car on defendant’s road. The material facts are stated in the opinion. Defendant, having stopped its train safely in a well-lighted station, and provided for plaintiff a platform to alight from,…
1Opinion of the Court
Ruger, Ch. J.
The evidence was quite conflicting as to the presence of any ice on the platform of the car from which the plaintiff fell and broke his leg, and as to the quantity of snow lying thereon ; some of the witnesses stating that there was no ice and only so much snow as had apparently been blown in and gathered around the corners and crevices of the platform; and others saying there was some ice formed on the edges of the platform from sleet, hail or rain freezing there, and being thinly covered with a coating of snow. It had stormed at various times during the night and morning, and…
2Cases cited1 opinion
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
3Cited by46 opinions
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- Walker v. Memorial HospitalSupreme Court of Virginia · 1948
- Lesser v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Mattson v. St. Luke's HospitalSupreme Court of Minnesota · 1958
- Conroy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
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