Elliott v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of January, 1908, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 4th day of February, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
The plaintiff was in a car of the defendant as a passenger. It was standing still letting off and taking on passengers, at a regular place for that purpose, when another car came up in the rear on the same track and ran into it. Two other lines of cars used the track at the place of the occurrence which were owned and operated by another company. The plaintiff proved all of this, and the defendant introduced no evidence. There was no evidence that the defendant owned and'operated the car which came up in the rear; there Was some evidence to the contrary. There was no evidence of…
2Cases cited3 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Grant v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by8 opinions
- Riggsby v. TrittonSupreme Court of Virginia · 1925
- Union Traction Co. v. MannIndiana Court of Appeals · 1919
- Levine v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- O'Donohoe v. Duparquet, Huot & Moneuse Co.New York Supreme Court · 1910
- Marceau v. Rutland RailroadNew York Supreme Court · 1911
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