Gatens v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, "the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the •31st day of January, 1903, upon the verdict of a jury for $1,500.
1Dissent
Woodward, J. (dissenting):
I cannot concur in the affirmance of this judgment. The plaintiff’s theory is that the defendant was negligent in the operation of its street surface electric car in striking a curve with such violence as to throw him from the rear platform. The plaintiff, with a friend,- was standing upon the rear platform of the defendant’s car as it approached Fifteenth street on Fourth avenue in the borough of Manhattan. He was standing with his back to the motorman, looking toward the rear of the car, and his friend stood facing him with his arm thrown around the upright…
2Cases cited5 opinions
- Ayers v. . Rochester Railway Co.New York Court of Appeals · 1898
- Dochtermann v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Dochtermann v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1900
- Nelson v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Vogler v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1903