Gilmore v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie A. Gilmore, from a judgment of the City Court of Brooklyn in favor of the defendant, entered in the office of the clerk of said court on the 31st day of December, 1895, upon a dismissal of the complaint at the conclusion of evidence on hoth sides after a trial before the court and a jury, and also.from an order bearing date the 13th day of December,' 1895, and entered in said clerk’s office denying the plaintiff’s motion for a new trial made…
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Appeal by the plaintiff, Annie A. Gilmore, from a judgment of the City Court of Brooklyn in favor of the defendant, entered in the office of the clerk of said court on the 31st day of December, 1895, upon a dismissal of the complaint at the conclusion of evidence on hoth sides after a trial before the court and a jury, and also.from an order bearing date the 13th day of December,' 1895, and entered in said clerk’s office denying the plaintiff’s motion for a new trial made upon the minutes. The action was brought to recover the damages resulting from . personal injuries sustained by the…
1Opinion of the Court
Willard Bartlett, J. :
We think that this is a case in which a jury should be allowed to determine whether the defendant was. or was not negligent, as charged in the complaint.
Near the Brooklyn terminus of the New York and Brooklyn bridge is a car stand consisting of six tracks, upon which electric cars -rim for the special convenience of travel to and from the bridge. The plaintiff was injured,' according to her statement, at this stand, while attempting to take passage in a car operated by the Brooklyn Heights Railroad Company, on the Greene and Gates "avenue line. Her testimony in substance…
2Cases cited1 opinion
- Mullen v. . St. JohnNew York Court of Appeals · 1874
3Cited by13 opinions
- Jones v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Washington-Virginia Railway Co. v. BouknightSupreme Court of Virginia · 1912
- Poulsen v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- St. Louis S. F. R. Co. v. FittsSupreme Court of Oklahoma · 1914
- Denver City Tramway Co. v. HillsSupreme Court of Colorado · 1911
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