Dawson v. Trustees of New York & Brooklyn Bridge
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendant, The Trustees of the New York and Brooklyn Bridge, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of March, 1898, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 9th day of February, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J. ;
There ■ is sufficient evidence in the record before us to charge the defendants with negligence in permitting the platform of the car upon which the plaintiff took passage to be so overcrowded that the action of the crowd forced him into a position of danger from which he could not extricate himself quickly enough to escape injury. “The exposure of a passenger to a danger, which the exercise of reasonable foresight would have anticipated and due care avoided, is negligence on a* part of a carrier.” (Lehr v. Steinway & Hunter’s Point R. R. Co., 118 N. Y. 556.) In the case…
2Cases cited3 opinions
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- McGearty v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Merwin v. Manhattan Railway Co.New York Supreme Court · 1888
3Cited by11 opinions
- Reschke v. Syracuse, Lake Shore & Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Chaney v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1960
- Knaisch v. JolineAppellate Division of the Supreme Court of the State of New York · 1910
- South Covington & Cincinnati Street Railway Co. v. VaniceCourt of Appeals of Kentucky (pre-1976) · 1925
- Dittmar v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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