Ward v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of April, 1904, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 14th day of April, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam :
The action was brought to recover damages for personal injuries which the plaintiff alleges that he sustained as the result of the negligence of the defendant’s servants in starting a south-bound Eighth avenue car while he was in the act of boarding it at Twenty-third street.
Upon the conclusion of the court’s charge to the jury the plaintiff made the following request, which was charged, the defendant duly excepting: “ If the motorman of defendant’s car started the same with a sudden jerk before the plaintiff was safely on board, and while he was attempting to board the same, and…
2Cases cited1 opinion
- Fiori v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904