Fellows v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiffs from, judgments of the City Court of the city of New York dismissing their complaint at the close of plaintiffs’ cases.
1Opinion of the CourtBijur, J.
These aré appeals in two cases, one by the wife for injuries suffered, the other by the husband for loss of her services.
The wife testified that after boarding a train operated by the defendant company it started with a “ terrible jerk ” which caused her to fall. At the instance of defendant’s counsel and over the objection of plaintiffs’ the phrase “ terrible jerk ” was stricken out. Later she described it as “ a terrible and terrific jerk, ’ ’ which was stricken out. Her counsel then asked her: “ Was it the usual jerk? A. No.” This was similarly stricken out as a conclusion. Finally, her…
2Cases cited2 opinions
- Hassen v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Starkman v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1913
3Cited by1 opinion
- Lombardi v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1928