Dorff v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Etta Dorff, an infant, by Abram Dorff, her guardian ad litem, 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 13th day of November, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
The plaintiff was nonsuited, and is, of course, entitled to the mo favorable view of her evidence which the jury might properly have taken (Eastland v. Clarke, 165 N. Y. 420, 425), and we are clearly of opinion that it was error to dismiss the complaint. There was evidence from which the jury might properly have found that the plaintiff was a passenger upon one of the defendant’s street surface railroad cars; that while she was quietly sitting in the middle of the car, and without negligence on her part, flames and smoke appeared in various parts of the car, creating a panic…
2Cases cited3 opinions
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Poulsen v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Weiler v. Manhattan Railway Co.New York Supreme Court · 1889
3Cited by3 opinions
- Lagoy v. Director General of RailroadsAppellate Division of the Supreme Court of the State of New York · 1920
- Williams v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Scotto v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1927