Schaefer v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Union Railway Company of New York city, 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 12th day of October, 1897, upon the' verdict of a jury for $1,250, and also from an order entered in said clerk’s office on the 11th day of- October, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover for injuries received by the plaintiff while a passenger on one of the cars of the defendant’s railway. No evidence was given by the defendant except the testimony of its claim agent to the effect that the conductor and motorman were required to make reports of anything and everything which occurred during their trips, but that in this particular case they neglected their duty and he never heard anything about it. This may have been important as explaining the reason why the defendant gave no proof about the accident, but otherwise it was of no…
2Cases cited2 opinions
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- Dillon v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Hassen v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Gatens v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Mareiniss v. SheeranCourt of Appeals for the Second Circuit · 1929