Sheehan v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Nassau Electric Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of June, 1910, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 18th day of June, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
For a distance of 200 feet along defendant’s track was a platform, raised some six inches higher than the rail, used as an approach for the use of defendant’s passengers. Along this decedent ran in pursuit of a moving train until he reached the rear platform of the last car but one, seized some parts of the car with both hands, placed one or both feet on the lower step, when he lost his footing, was dragged some distance, and was so injured that he died the following day. It is undoubted that the guard warned him to “ get off, you will get hurt,” and plaintiff’s witness, Harrison,…
2Cited by3 opinions
- Palen v. WheelockCourt of Appeals for the Eighth Circuit · 1926
- Droogas v. DroogasAppellate Division of the Supreme Court of the State of New York · 1956
- Johnson v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1920