Gainer v. Hines
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adrian M. Gainer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 20th day of January, 1920, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case after a trial at the Nassau Trial Term, and also from an order entered in said clerk’s office on the 18th day of February, 1920, granting defendant’s motion to dismiss the complaint at…
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Appeal by the plaintiff, Adrian M. Gainer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 20th day of January, 1920, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case after a trial at the Nassau Trial Term, and also from an order entered in said clerk’s office on the 18th day of February, 1920, granting defendant’s motion to dismiss the complaint at the close of the plaintiff’s case. A judgment dismissing the complaint upon the merits was entered by the defendant.
1Opinion of the Court
Jenks, P. J.:
The action is for negligence. The accident happened on July 31, 1918. The plaintiff was dismissed at the close of *23his case. He was a private soldier of the United States army. The defendant furnished a troop train for carriage of a body of between 500 and 600 soldiers. The train included a box car, wherein was carried the plaintiff and twenty-four other soldiers. There were no end doors and no windows in that car. One of the side doors was open during the journey. As plaintiff was standing in the car he fell out of the opening.
Two matters of negligence were charged: (1) speed of…
2Cases cited7 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Steinweig v. . the Erie RailwayNew York Court of Appeals · 1870
- Burton v. West Jersey Ferry Co.Supreme Court of the United States · 1885
- Paul v. . Consolidated Fireworks Co.New York Court of Appeals · 1914
- Fritsch v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sandoval v. DavisDistrict Court, N.D. Ohio · 1922