Whitaker v. Staten Island Midland Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Staten Island Midland Railroad 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 10th day of June, 1901, upon the verdict of a jury for $1,420, and also from an order entered in said clerk’s office on the 10th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
The complaint alleged that on June 13, 1899, while the plaintiff was a passenger on one of the defendant’s trolley cars, she was precipitated from the car into the street by the gross negligence of the defendant, its agents or servants, and thereby sustained serious and permanent injuries. 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 stopping place without stopping. The lady was standing at the time, and had her arm around her little boy to prevent him…
2Cited by3 opinions
- Whitaker v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Whitaker v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Cull v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1920