Stiasny v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal "by the plaintiff, Carolina Stiasny, as committee of Albert E. Stiasny, a lunatic, from a judgment of the Supreme Court' in favor of the defendant, entered in the office of the clerk of the county of New York on the 17tli day of May, 1900, upon the verdict of the jury, and also from an order entered in said clerk’s. office on the 11th day of May, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
The action was brought to recover for personal injuries alleged to have been sustained by Albert E. Stiasny through the negligence of defendant’s servants in starting a Madison Avenue car on June 24, 1898, while he and his wife were alighting therefrom at Seventy-eighth street. The wife, Carolina Stiasny, testified that the car came to a perfect standstill on the corner of Seventy-eighth street, and her husband stood on the step and turned and offered her his hand, and the car started, throwing him violently to the pavement. Upon the issue presented by conflicting evidence as to…
2Cases cited4 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1899
- Davison v. HerringAppellate Division of the Supreme Court of the State of New York · 1897
- Maisels v. Dry Dock, East Broadway & Battery Street RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- People v. ByrnesNew York Court of Appeals · 1974
- People v. HigginsNew York Supreme Court · 1977
- Stiasny v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902