Flynn v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Few York, seventh district, borough of Manhattan.
1Opinion of the CourtGildersleeve, J.
This action was brought to recover damages for personal injuries, alleged to have been occasioned by the negligence of the defendant in operating a train upon its elevated railroad, upon which the plaintiff was a passenger. The particular negligence asserted by the plaintiff is a “jerk” or “ jolt,” at the time the train was in the act of stopping at a regular station, that forced the passengers forward, as they were moving toward the exit of the car. The plaintiff testified as follows: “ When the conductor hollered out ‘ Fifty-ninth Street ’ * * * and I saw others getting up, then I got up *…
2Cases cited3 opinions
- Black v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Nelson v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Needham v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1905
3Cited by2 opinions
- Goold v. New York, New Haven & Hartford RailroadCity of New York Municipal Court · 1908
- Chicago Union Traction Co. v. DucksteinAppellate Court of Illinois · 1907