De Soucey v. Manhattan Railway Co.
New York Court of Common Pleas
Appeal from trial term. Action by Mary De Soucey against the Manhattan Railway Company for damages from an injury charged to have been caused by the negligence of the defendant. The alleged negligence consisted in starting the train with a jerk, whereby plaintiff was thrown down and hurt. Plaintiff, when she fell, was in the car, and near the third seat from the entrance.
1Opinion of the CourtPryor, J.
Upon examination of the evidence the conclusion is irresistible that no case was made for the consideration of the jury. That a party alleging negligence must prove it, and prove it, not by a scintilla of evidence merely, but by evidence sufficient to authorize a reasonable inference of negligence, is a well-settled principle in the jurisprudence of this state; and that failure to furnish such evidence requires a dismissal of the complaint is an equally incontestable rule of law. Conlin v. Rodgers, 14 N. Y. Supp. 782, (herewith decided.) Now, what evidence of negligence on defendant’s part *109doe…
2Cases cited9 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Hale v. . SmithNew York Court of Appeals · 1879
- Johnson v. Manhattan Railway Co.New York Supreme Court · 1889
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3Cited by1 opinion
- Lundy v. Second Avenue RailroadNew York Court of Common Pleas · 1892