Bessenger v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Edward Bessenger against the Metropolitan Street Railway Company. From a judgment in favor of defendant, and from an order denying a motion for new trial on the minutes, plaintiff appeals. Reversed.
1Opinion of the CourtWoodward, J.
The plaintiff was a passenger upon one of the defendant’s south-bound Madison avenue cars, and had asked for and received a transfer to East Fourteenth street. Just before the car reached the crossing, the conductor cried out “Transfer!” and the car came to a full standstill on the upper side of Fourteenth street. While the car was thus standing, the plaintiff, who had been riding on the rear platform, stepped down upon the step, and had one foot upon the ground, when the car started, throwing the plaintiff to the street, inflicting injuries which the jury has assessed at $1,500. The learned…
2Cases cited6 opinions
- Armstrong v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Dean v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Sexton v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Armstrong v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Griffiths v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
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3Cited by3 opinions
- Oklahoma Union Railway Co. v. MitchellSupreme Court of Oklahoma · 1924
- O'Sullivan v. KnoxAppellate Division of the Supreme Court of the State of New York · 1903
- Winona & Warsaw Railway Co. v. RousseauIndiana Court of Appeals · 1910