Cull v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Union Railway Company of New York City, 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 17th day of May 1919, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 19th day of May, 1919, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Greenbaum, J.:
On the 27th day of April, 1918, plaintiff’s intestate was a passenger on a south-bound open car of the defendant which was being operated in the borough of The Bronx, New York city, upon a line, the southerly terminus of which was One Hundred and Thirty-eighth street and Third avenue. When the car reached this terminus the conductor called out, “ 138th Street — last stop.” All of the passengers then got off the car excepting plaintiff’s intestate, who stated that he wished to go down to One Hundred and Thirty-seventh street and that the conductor “ left him ride.” During the…
2Cases cited2 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Whitaker v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1901