Edwards v. New Jersey & Hudson River Railway & Ferry Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Dean Gr. Edwards, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term in December, 1910.
1Opinion of the Court
Miller, J.:
It is not contributory negligence as matter of law for a "passenger to ride on the running board of an open trolley car. (Kramer v. Brooklyn Heights R. R. Co., 190 N. Y. 310.) The plaintiff had been warned by the conductor on approaching the first trestle, and that warning, aside from the general duty of the defendant to give warning of unknown dangers, may have been considered by him as an. assurance of safety. The conductor knew that the plaintiff and others had stepped down on the running board after passing the first trestle. The defendant's evidence tends to show that the…
2Cases cited1 opinion
- Kramer v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1907
3Cited by1 opinion
- Edwards v. New Jersey & H. R. Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912