Grunfelder v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rings on the 8th day of April, 1910, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 2d day of May, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff was a passenger on one of defendant’s cars on Myrtle avenue, borough of Queens, on the 17th day of August, 1905, at about eight o’clock in the evening. The evidence was sufficient to warrant the jury in finding that the car was running at a high rate of speed ; that the motorman suddenly discovered a heavy truck on the track in front of him ; that he reached up over his head, apparently to throw off the electric current, and that this was followed by a flash of light and the motorman called to those on the car to jump, he himself setting the example ; that the car…
2Cited by4 opinions
- Weigert v. BakerAppellate Division of the Supreme Court of the State of New York · 1995
- Siefring v. MarionAppellate Division of the Supreme Court of the State of New York · 1964
- Pincus v. SchlechterAppellate Division of the Supreme Court of the State of New York · 1915
- Pollack v. Equitable Life Assurance Society of United StatesCity of New York Municipal Court · 1936