Morrow v. Westchester Electric Railway Co.
New York Supreme Court
Action for damages for personal injuries. The negligence alleged in the complaint was by the general allegation that “ by reason of the carelessness and negligence of the defendant” the electric street car in which the plaintiff was a passenger “ was thrown from the track upon which it was running with great speed.” The plaintiff’s counsel introduced evidence tending to show that the car was being run at so high a rate of speed on a curve that it jumped off the track.
Read the full summary
Action for damages for personal injuries. The negligence alleged in the complaint was by the general allegation that “ by reason of the carelessness and negligence of the defendant” the electric street car in which the plaintiff was a passenger “ was thrown from the track upon which it was running with great speed.” The plaintiff’s counsel introduced evidence tending to show that the car was being run at so high a rate of speed on a curve that it jumped off the track. After proving that at the particular place on the curve where the derailment happened there was no flange or guardrail, he…
1Opinion of the Court
Gaynor, J.:
I cannot bring myself to assent to the proposition that proof that a person fell or an accident happened at a given place is evidence that the conditions there were “ obviously ” dangerous. If the decided cases be examined superficially, and more with a view o'f getting hold of something that was said in them than of what was decided, sentences may be found here and there to support it. But that is nothing; it is not everything that may be said, but only what is actually decided, that may serve as authority. What has to be proven in a given case of alleged negligence is not merely…
2Cases cited2 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Lundbeck v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Cefola v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Corson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Holzhauser v. Brooklyn Heights RailroadNew York Supreme Court · 1904