Whitaker v. Staten Island Midland Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Katherine Y. Whitaker, 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 December, 1901, upon the verdict of a jury rendered by direction of the court, and.also from an order entered in said clerk’s office on the 16th day of December, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff recovered a verdict on the first trial of this case, and the judgment entered on it was reversed because the jury was permitted to predicate negligence on the defendant’s part from the fact that at the time of the accident the sidebar on the left side of the car was up. (Whitaker v. Staten Island M. R. R. Co., 65 App. Div. 451.) " As stated by Mr. Justice Willard Bartlett, writing for the court, “ the proof showed that the plaintiff fell or was thrown from the left side of an open car at or near an abrupt' curve in the track after the car had passed the usual…
2Cases cited5 opinions
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Ladd v. . Insurance Co.New York Court of Appeals · 1895
- Lansing v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Francisco v. Troy & L. RailroadNew York Supreme Court · 1895
- Whitaker v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Kettel v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1917
- Maercker v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1910