Legal Opinion

Shadletsky v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Decided June 23, 1904PublishedCited by 4 opinions

Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Pincus Shadletsky against the New York City Railway Company. From a judgment in favor of plaintiff, defendant appeals. Reversed.

1Opinion of the CourtMacLEAN, J.

The defendant’s westerly bound horse car was stopped at Rutgers street to receive passengers, for whom the driver opened the front door, and among whom was the plaintiff, who, because of something peculiar in his infirmity, or from habit, was accustomed to seat himself in cars by facing the seat, putting down one of his crutches, taking hold of something firm, and then swinging around to let himself into the seat. There was nothing apparently in his appearance, nor did he say anything, to apprise the driver of this unusual manner of taking a seat. In this instance, and after he was inside the…

2Cited by4 opinions

  1. Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1912
  2. Hirsch v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1905
  3. Field v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. McArthur v. New York City Railway Co.New York Supreme Court · 1907

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