Anderson v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Queens county. Action by Oscar Anderson against the ThircJ Avenue Railroad Company for personal injuries. Plaintiff recovered a verdict for $1,500, and from a judgment entered thereon, and also from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtWillard Bartlett, J.
The gravamen of the plaintiff’s complaint in this action is that while he was trying to board one of the defendant’s cars, which had stopped to receive him as a passenger, the car was suddenly started, so as to throw him down, and inflict injuries which resulted in the loss of several fingers. The complaint expressly and distinctly alleged that the car stopped. Upon the trial the plaintiff testified positively that it did stop, and that he walked up to get on board, and “took hold of the car after the car had stopped.” In behalf of the defendant the evidence tended to show that the car did…
2Cases cited2 opinions
- Patterson v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Patterson v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Pratt v. Utah Light & Traction Co.Utah Supreme Court · 1918
- Coleman v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Roland v. International Railway Co.New York Supreme Court · 1912