Legal Opinion

Stierle v. . Union Railway Co.

New York Court of Appeals

Decided May 10, 1898PublishedCited by 47 opinions

Appeal from an order of the General Term of the late Court of Common Pleas for the city and county of Xew York, entered July 8, 1895, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from an order of the General Term of the late Court of Common Pleas for the city and county of Xew York, entered July 8, 1895, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. In respect to the carriage of passengers, a common carrier is hound.to exercise all the care and skill which human care and foresight can suggest to secure their safety. (Maverick v. Eighth Ave. R. R. Co., 36 N. Y. 378; Coddington v. Brooklyn C. T. R. R. Co., 102 N. Y. 66; Hastings v.…

1Opinion of the CourtGray, J.

This was an action to recover for personal injuries sustained by the plaintiff while a passenger upon one of the defendant’s street cars. He recovered a verdict; but, on appeal to the General Term from the judgment entered thereupon, the judgment was reversed and a new trial was ordered. From the order granting a new trial the plaintiff then appealed to this court.

The only question of law, which is presented by the record, arises upon an exception taken by the defendant to the charge of the trial judge, as made upon a request of the plaintiff. The plaintiff had claimed, as the act of…

2Cases cited1 opinion

  1. Morris v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1887

3Cited by47 opinions

  1. Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
  2. Plumb v. . Richmond Light R.R. Co.New York Court of Appeals · 1922
  3. Bethel v. New York City Transit AuthorityNew York Court of Appeals · 1998
  4. Duhme v. . Hamburg-American Packet Co.New York Court of Appeals · 1906
  5. McLean v. Triboro Coach Corp.New York Court of Appeals · 1950

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