Sculley v. New York, L. E. & W. R.
New York Supreme Court
Appeal from circuit court, Sullivan county. Action by Thomas M. Sculley against the New York, Lake Erie & Western Railroad Company for personal injuries. From a judgment entered on a verdict for $2,250.70 and costs in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes of the court, defendant appeals. Reversed.
1Opinion of the CourtMayham, P. J.
The principal contention on this appeal is whether the plaintiff was free from negligence which contributed to the injury of which he complains, in alighting from the car of the defendant while the same was in motion. It is not denied that the defendant, in not stopping its train at the station to which the plaintiff was ticketed, failed in its duty towards him; but it is insisted that the plaintiff, in alighting from the car while the same was in motion, was guilty of such an act of negligence on his part as to preclude any recovery for injury resulting to him from that act. The evidence…
2Cases cited3 opinions
- Hunter v. . C. S.V.R.R. Co.New York Court of Appeals · 1889
- Hunter v. Cooperstown & Susquehanna Valley RailroadNew York Court of Appeals · 1891
- Hunter v. Cooperstown & Susquehanna Valley RailroadNew York Court of Appeals · 1889
3Cited by2 opinions
- Penny v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Myers v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894