McGearty v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Manhattan Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of April, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of April, 1896, denying the defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Pee Cueiam :
The action is to recover damages for personal injuries sustained by the plaintiff, occasioned by his being crowded from the platform by the passengers assembled at the defendant’s elevated station at Grand street in the city of New York, which caused the plaintiff to fall into the street below. The evidence given upon the trial was conflicting, the defendant’s testimony tending to establish that the plaintiff fell from the platform while trying to board the rear car of a moving train. But upon this point the evidence warranted the jury in finding that the cause of the plaintiff’s…
2Cited by18 opinions
- State v. KoonceNew Jersey Superior Court Appellate Division · 1965
- Schwartzman v. LloydCourt of Appeals for the D.C. Circuit · 1936
- Bauer v. GriffinNew Jersey Superior Court Appellate Division · 1969
- Dawson v. Trustees of New York & Brooklyn BridgeAppellate Division of the Supreme Court of the State of New York · 1898
- South Covington & Cincinnati Street Railway Co. v. VaniceCourt of Appeals of Kentucky (pre-1976) · 1925
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