Hill v. . Ninth Avenue R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made December 7, 1885, which affirmed a judgment entered upon an order dismissing the complaint as to the defendant, the Ninth Avenue Railroad Company.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made December 7, 1885, which affirmed a judgment entered upon an order dismissing the complaint as to the defendant, the Ninth Avenue Railroad Company. This action was brought .to recover damages received by plaintiff while a passenger on a car of defendant, the Ninth Avenue Railroad Company, which resulted from a collision between said car and a truck which was being driven by the defendant, Patrick Heniff. The railroad company alone appeared and answered. The…
1Opinion of the CourtFinch, J.
We think the plaintiff was improperly non-suited. Her proof showed that, while riding in a Ninth avenue street car in the city of New York, she observed that it was being driven with unusual speed, which she estimated to be at about double the ordinary rate, and was suddenly struck by the pole or shaft of a truck which penetrated through the front panels of the car, and with sufficient remaining force to throw her from her seat and inflict serious bodily injuries. Of course she could see nothing and know nothing of what was transpiring outside, but what occurred was enough to call for an…
2Cited by16 opinions
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- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
- Olsen v. Citizens Railway Co.Supreme Court of Missouri · 1899
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