Hirsch v. Union Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of Hew York, entered in favor of the plaintiff, after a trial before the court and a jury.
1Opinion of the CourtScott, J.
The allegation of the complaint is, “ that plaintiff had got aboard said car and on the platform thereof and was about to enter the car, for the purpose of taking a seat therein, and that, in the act of doing so, the car was *528carelessly, recklessly, and negligently, and without notice or warning to the plaintiff, set in motion, with a violent jerk, causing the plaintiff to he violently thrown backward against the rear dashboard.” Hence it will be seen that it is not complained that plaintiff was not given time to board the car, but, on the contrary, it is distinctly alleged that he had boarded…
2Cases cited2 opinions
- Black v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Shadletsky v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1904
3Cited by4 opinions
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1912
- Cohen v. Surface Transportation Corp.City of New York Municipal Court · 1936
- Dwyer v. Auburn & Syracuse Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Midland Valley R. v. PageDistrict Court, E.D. Oklahoma · 1910