Legal Opinion

Wilson v. Nassau Electric Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900Published

Appeal by the' defendant, the Nassau Electric 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 2d day of February, 1900, upon the verdict of a jury for $4,000, and also from an order entered in said, clerk’s office on the 8th day of February, 1900, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jenks, J.:

This judgment for plaintiff must be reversed for an erroneous charge. The action is brought to recover damages for personal injuries suffered through the negligence of the defendant. The plaintiff complained that he was a passenger on the car of the defendant, and that while stepping from the platform to the metal door sill of the car he received an electric shock that paralyzed him. It is not claimed that the car was out of order. The car was con*571strncted of wood and metal; it was propelled by electricity; it was wet, and its platform was wet and slushy, for the day was rainy and…

2Cases cited5 opinions

  1. Hutchins v. . HutchinsNew York Court of Appeals · 1885
  2. Sherman v. . D., L. W.R.R. Co.New York Court of Appeals · 1887
  3. Hollister v. JohnsonNew York Supreme Court · 1830
  4. Moore v. Erie Railway Co.New York Supreme Court · 1872
  5. Rouse v. LewisNew York Court of Appeals · 1866

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