Goldwasser v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the General Term of the City Court of the city of New York, affirming a judgment in favor of plaintiff. Action to recover damages for personal injuries caused by the alleged negligence of the defendant. A truck was standing in the street, some twenty or thirty feet ahead of the car. The plaintiff claimed that, before he could get up the step and into the car, he was carried along, and struck his right side and leg against the truck.
1Per curiam
There was sufficient evidence to justify the jury in finding that the car was standing still when the plaintiff attempted to board'it; that the conductor knew at the time that the truck was standing close to the track; and that the car was started before the plaintiff had reached the platform, being impeded by *683the other passengers who hoarded the car just ahead of him. The conductor testifies that he saw two or three men attempting to board the car at once, and under these circumstances, knowing as he did the position of the truck, he should not have started the car until the plaintiff had…
2Cases cited2 opinions
- Moylan v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Caspers v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Sheridan v. City of New YorkNew York Court of Appeals · 1959