Prenderville v. Coney Island & Brooklyn Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Coney Island and Brooklyh Bail-road 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 15th day of June, 1908, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 13th day of June, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
The plaintiff, a child nine years of age at the time of the accident, and two other, boys, were walking along the line of defendant’s tracks between Brooklyn and Coney Island, when ah open car on defendant’s road overtook them and stopped to take on a passenger. The running board on the left-hand side was not in use, and was folded up against the side of the car. Before the car started, plaintiff, with the intention of taking a free ride, climbed upon this running board, and standing on its edge held on to a bar or rail that ran across the side of the car. The car started, and had…
2Cases cited2 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Ansteth v. Buffalo Railway Co.New York Court of Appeals · 1895
3Cited by1 opinion
- Luter v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1914