Legal Opinion
Needham v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Decided November 15, 1905PublishedCited by 4 opinions
Appeal by defendant from a judgment in favor of plaintiff rendered in the Municipal Court of the city of New York, seventh district, borough of Manhattan.
1Opinion of the CourtScott, J.
There was no proof of negligence. All that is testified to is by the plaintiff that, as he walked toward the door, the train came to a “ sudden stop ” and he was thrown down. This is not sufficient to justify the inference that defendant or any of its servants was negligent. The complaint should have been dismissed.
Bischoff and Fitzgerald, JJ., concur.
Complaint dismissed.
2Cited by4 opinions
- Flynn v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1905
- Goold v. New York, New Haven & Hartford RailroadCity of New York Municipal Court · 1908
- Gillmore v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1909
- Norminton v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1905