Burrows v. . Erie Railway Co.
New York Court of Appeals
: Appeal from judgment of the General Term of the Supreme Court in the third judicial; department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict. ; This aption was brought to recover damages for injuries alleged to have been sustained by plaintiff while attempting to alight from a train upon defendant’s road at the depot at Deposit.
Read the full summary
: Appeal from judgment of the General Term of the Supreme Court in the third judicial; department in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict. ; This aption was brought to recover damages for injuries alleged to have been sustained by plaintiff while attempting to alight from a train upon defendant’s road at the depot at Deposit. According to plaintiff’s evidence, the train stopped a moment at the station, but before plaintiff could get out to the platform of the car it started. Plaintiff had a band-box and satchel in…
1Opinion of the Court
Rapallo, J.,
It is beyond question that the injuries sustained by the plaintiff were caused by her' attempting to descend from the platform of the car while the car was in motion. She was not thrown from the car, nor injured by it, nor was she induced by any employe of the defendant to make the hazardous attempt which resulted in the injury complained of. On the contrary, she was warned by the 'defendant, by means of the notice posted in the car, and which she had read but a few minutes before getting off, that “ passengers must not get on or off the cars while in motion.” At the place where…
2Cases cited2 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
3Cited by16 opinions
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
- Central Railroad & Banking Co. v. LetcherSupreme Court of Alabama · 1881
- Eppendorf v. . B.C. and N.R.R. Co.New York Court of Appeals · 1877
11 more not listed; retrieve them via the Exa API.