Graham v. Manhattan Railway 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 Bew York, entered June 6, 1894, upon an order made at the May term, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court at a Trial Term directing the dismissal of the complaint, and also affirmed an order denying a motion to set aside the direction and for a new trial.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Bew York, entered June 6, 1894, upon an order made at the May term, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court at a Trial Term directing the dismissal of the complaint, and also affirmed an order denying a motion to set aside the direction and for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It is error to dismiss the complaint on the trial if it appears that, from the evidence produced,…
1Opinion of the CourtMartin, J.
On November 19, 1892, the plaintiff was injured while a passenger upon one of the defendant’s trains. Early in the evening of that day he went to the defendant’s station at Fifty-ninth street, purchased a ticket and passed to the platform for the purpose of boarding an approaching train. When the train reached the station the platforms of the cars were crowded with passengers. One of the guards employed upon the train who saw the plaintiff standing at the station, said : “ Hurry up, get on if you are going; get on, we cannot wait all night.” In compliance with that suggestion the plaintiff…
2Cases cited6 opinions
- McRickard v. . FlintNew York Court of Appeals · 1889
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
- Werle v. . Long Island Railroad CompanyNew York Court of Appeals · 1885
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3Cited by37 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- Trudell v. New York Rapid Transit Corp.New York Court of Appeals · 1939
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
32 more not listed; retrieve them via the Exa API.