Brainard v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bertha Brainard, as administratrix,, etc.,, of Louis Brainard, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 4th day of May, 1899-, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the "Kings County Trial Term.
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Appeal by the plaintiff, Bertha Brainard, as administratrix,, etc.,, of Louis Brainard, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 4th day of May, 1899-, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the "Kings County Trial Term. This action was brought to recover damages for the death of the plaintiff’s husband, alleged to have resulted from the negligence of the defendant.
1Opinion of the Court
Hatch, J.:
The evidence as we view it would have warranted the conclusion that the deceased was thrown from the" ear by reason of a sudden violent jerk of a character inconsistent with its prudent and careful *614management. This condition we have already-held sufficient to warrant a finding of negligence, in the operation .of the car, and there is nothing, so far as we' are able to discover in. the circumstances of this case, which removes it from the application of the rule. (Hassen v. Nassau Elec. R. R. Co., 34 App. Div. 71; Dochtermann v. Brooldyn H. R. R. Co., 32 id. 13.) It is fair to…
2Cases cited2 opinions
- Hassen v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Still v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Bruce v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Sheeron v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Moskowitz v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903