Butler v. Glens Falls, Sandy Hill & Fort Edward Street Railroad
New York Supreme Court
Action by William J. Butler against the Glens Falls, Sandy Hill & Fort Edward Street Railroad Company, for injuries sustained in attempting to board defendant company’s street car. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtIngalls, J.
The trial of this action developed a fair question of fact which
involved the merits of the controversy, and the evidence shows a sharp conflict in regard to the material features of the case. And the evidence does not preponderate so decidedly in favor of the defendant as to call for a reversal of the judgment upon that ground. The testimony of the plaintiff is to the effect that, as the car approached him, he made two signals indicating his desire to enter the car as a passenger, he being at the time in full view of the conductor, and of the other person who he states was driving at the…
2Cases cited1 opinion
- Roberts v. . JohnsonNew York Court of Appeals · 1874
3Cited by2 opinions
- Morison v. Broadway & Seventh Avenue RailroadNew York Supreme Court · 1890
- Hamel v. Brooklyn & New York Ferry Co.New York Supreme Court · 1889