Legal Opinion

Nathan v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Decided December 7, 1904PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Adolph Nathan against the New York City Railway Company. From a Municipal Court judgment in favor of defendant, plaintiff appeals.

1Opinion of the CourtBischoff, J.

The plaintiff attempted to board a south-bound car on Madison avenue, at Seventy-Ninth street, standing, as it approached, 10 feet north of the northerly cross-walk, from which point he signaled the motorman to stop. The car slowed as it approached him, and he attempted to step upon the rear platform while the car was thus in motion; but its speed was then suddenly accelerated, with the result that he was thrown.

The dismissal of the complaint for failure of proof of the de-. fendant’s negligence is supported by the authority upon which the justice based his ruling. Monroe v. Met. St. Ry. Co.,…

2Cases cited3 opinions

  1. Monroe v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  2. Monroe v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  3. Clinton v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by1 opinion

  1. Gomez v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907

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