Legal Opinion

Truesdell v. Erie Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 1907Published

Appeal by the plaintiff, Clara 1. Truesdell, from a judgment of "the Supreme Court in favor of the defendant, entered in the office •of the clerk of the county of New York on the 14th day of December, 1906, upon the dismissal of the complaint by direction of the '.ourfc at the close of the plaintiff’s case, upon a trial at the New York Trial Term.

1Opinion of the Court

Scott, J.:

The plaintiff, a young woman, was a passenger upon one of ■defendant’s, trains. She arrived at her destination at Forest .Hill, H- J-, at about half-past seven o’clock in- the evening of September.5, 1902. It was then about dusk. At Forest Hill the station stood on the south side of the railway, and there was a platform «extending along the southerly side of the east-bound track. There *372■was no platform on either.- side' of the west-bound track, so that passengers arriving on a train upon that track, as did the plaintiff,. - were obliged to alight upon the broken stone or gravel…

2Cases cited2 opinions

  1. Conard v. Southern Tier Masonic Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1905
  2. Gannett v. . Schenectady Railway CompanyNew York Court of Appeals · 1906

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