Morrow v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme. Court in favor of the plaintiff, entered jn the office of the clerk of the county of Kings on the. 22d day of October, 1906, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 25th day of October, 1906, denying the. defendant’s motion for a new trial made ' upon the minutes,
1Opinion of the Court
Jenks, J.:
This action is for negligence. The plaintiff" complained that when as a' passenger she- had mounted the- platform and was about to enter the 'car -of the defendant, which worked an electric street surface railway, the ear , was suddenly moved forward with a violent jefk, before plaintiff had been given a -reasonable opportunity to get into said car or take a seat therein, owing to the negligence and carelessness of the defendant, its .agents and servants.” There was no. evidence, as the learned trial court said, that, the car was started with á violent jerk. Indeed, the court told…
2Cases cited7 opinions
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Dochtermann v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Black v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Akersloot v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1892
- Dochtermann v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1900
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3Cited by2 opinions
- Goold v. New York, New Haven & Hartford RailroadCity of New York Municipal Court · 1908
- Hirschberg v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1909