Tucker v. Buffalo Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Buffalo Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 23d day of March, 1900, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 22d day of March, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The action was brought to recover damages for injuries to the plaintiff; alleged to have been caused by the negligence of the defendant.
The plaintiff was a passenger upon one of the defendant’s street cars. At the time of the accident he sat by one of the windows reading a newspaper, with his elbow resting upon the window sill. Whether his elbow was wholly inside the car or extended not more than three inches outside the car, was a question of fact in dispute on the trial. As this car passed another car going in an opposite direction on a switch, the two cars came close to each…
2Cases cited3 opinions
- Francis v. . New York Steam Co.New York Court of Appeals · 1889
- Sias v. Rochester Railway Co.New York Supreme Court · 1895
- Sias v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
- Cummings v. Wichita Railroad & LightSupreme Court of Kansas · 1904
- Connor v. Western New York Motor Lines, Inc.New York Court of Appeals · 1928
- Smith v. St. Louis Transit Co.Missouri Court of Appeals · 1906
- Georgetown & Tennallytown Railway Co. v. SmithCourt of Appeals for the D.C. Circuit · 1905
- Goller v. Fonda, Johnstown & Gloversville RailroadAppellate Division of the Supreme Court of the State of New York · 1906
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