Flack v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nassau Electric 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 7th day of January, 1899, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 30th day of January, 1899, denying the defendant’s motion for a ne.w trial made unon the minutes
1Opinion of the Court
Willard Bartlett, J. :
The evidence offered in behalf of the plaintiff upon the trial of this action authoi'ized the jury to infer the existence of a condition of things at the time of the accident which befell her, which would-have sustained the verdict in her favor. She was a passenger on one of the defendant’s cars running through New Utrecht avenue. Desiring to alight, she motioned to the conductor to stop, and the car stopped near Fifty-seventh street. As she stepped from the caito the ground the soil gave way under her feet, and she fell to the surface of the street, sustaining a…
2Cases cited3 opinions
- Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
- Bigelow v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Wells v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Speck v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Capital Traction Co. v. WathenDistrict of Columbia Court of Appeals · 1910
- Flack v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- McSorley v. South Brooklyn Railway Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Sligo v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1909