Goller v. Fonda, Johnstown & Gloversville Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fonda, Johnstown and Gloversville Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 30th day of June, 1905, upon the verdict of a jury for $350, and also from an order entered in said clerk’s office on the 26th day of June, 1905, denying the defendant’s motion for a new trial made upon the miúutes.
1Opinion of the Court
Kellogg, J.:
The plaintiff’s evidence tended to show that he was riding on one of the defendant’s cars through a rock cut. The car seems to have been the ordinary car, with a wire screen running on the outside of the car across the windows, the bottom of the screen being about four and one-half inches from the window sill and the top about a foot below the top of the window; that after reading a paper he threw it with his right hand out of the window above the screen, and immediately his'left arm, resting on the window sill, was hit by a stone about.the size of a cuspidor and weighing six or…
2Cases cited3 opinions
- Francis v. . New York Steam Co.New York Court of Appeals · 1889
- Tucker v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Tucker v. . Buffalo Railway CompanyNew York Court of Appeals · 1901