Olson v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights 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 12th day of ¡November, 1908, upon the verdict of" a jury for $700, and also from an order entered in said clerk’s office on the 18th' day of November, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J.:
The plaintiff claimed, and produced testimony to show, that the car stopped on her signal to let her off, and that as she was stepping down it was started up and threw her off. The defendant claimed, and produced testimony, that the plaintiff stepped off the car before it had stopped at all, and that she was hurt in that way. The question litigated was whether the car stopped before she stepped off. The trial Judge charged that “ If the car stopped and the lady attempted to alight — if the car stopped on her signal and she endeavored to alight, and, as she was stepping down, the…
2Cases cited2 opinions
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Woods v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908