Rollins v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad 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 25th day of November, 1898, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office denying, the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff below, while boarding a moving open car of the-defendant, on Hamilton' avenue, Brooklyn, had mounted the running board, having his right hand on one of the stanchions and one or both feet on the car, when he fell off, or was thrown off, receiving injuries for which he recovered a verdict; and from the judgment entered theredn and an order denying its motion for a new trial the defendant^ appeals.
The main contention of the defendant is that the verdict was against the overwhelming weight of evidence, and that the accident-resulted from the negligence of the…
2Cases cited1 opinion
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
3Cited by1 opinion
- Murr v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1900