Wolf v. Metropolitan St. Ry. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by William Wolf against the Metropolitan Street Railway Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtPatterson, J.
This judgment and the order denying a motion for a new trial must be reversed, on the ground that the verdict of the jury was against the evidence. The plaintiff complains that he was injured by the premature starting of a horse car as he was attempting to enter it. He states in his complaint that the car had come to a full stop, and while he was in the act of stepping on the same, having his hand upon the rail, the car suddenly started with a jerk, in consequence of which he was thrown from the step to the ground, and sustained injuries. Upon the trial he swore that he was standing at the…
2Cited by1 opinion
- Clancy v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903