Losee v. Watervliet Turnpike & Railroad
New York Supreme Court
Appeal from Albany county court. Action by Annie Losee against the Watervliet Turnpike & Bailroad Company to recover damages for personal injuries. .From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtPutnam, J.
A conductor of a street-railroad car should give passengers -a reasonable opportunity to alight, and failure to do so is negligence. Poulin v. Railroad Co., 61 N. Y. 621. He is only bound, however, to afford a reasonable time. A party wishing to alight must not loiter. It is not clear from the testimony that plaintiff was not afforded a reasonable opportunity to leave the defendant’s car at the time of the accident which is the subject of this action, or that the evidence discloses negligence on the part of the conductor. I infer that no notice was given to him, nor was it shown that he knew…
2Cases cited3 opinions
- People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
- McDonald v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Poulin v. . Broadway and Seventh Avenue Railroad CompanyNew York Court of Appeals · 1874
3Cited by2 opinions
- Memphis Street Railway Co. v. ShawTennessee Supreme Court · 1903
- Dean v. Third Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1898