Craighead v. Brooklyn City Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 28, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries received by plaintiff while a passenger on one of defendant’s horse-cars alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 28, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries received by plaintiff while a passenger on one of defendant’s horse-cars alleged to have been caused by defendant’s negligence. The facts, so far as material, are set forth in the opinion. The plaintiff failed to establish any negligence on the part of the defendant» or its gervants, causing tlie…
1Opinion of the CourtPeckham, J.
Upon the undisputed evidence, we are of the opinion that the plaintiff failed to make out a case of negligence against the defendant.
The evidence of the sister of the plaintiff is as favorable as that of any witness called on his part. She says when the plaintiff finished speaking with the conductor of the open car on which they all were, he stepped down from- the rear platform to the outside step of the car, which runs its entire length, *394and she saw the other- car coming along on the down track,, and it struck the plaintiff while he was still, on the step, turned him around and knocked him…
2Cited by4 opinions
- Little Rock Traction & Electric Co. v. KimbroSupreme Court of Arkansas · 1905
- Kreimelmann v. JourdanMissouri Court of Appeals · 1904
- Little Rock Traction & Electric Co. v. KimbroSupreme Court of Arkansas · 1905
- Murphy v. Ninth Avenue RailroadThe Superior Court of New York City · 1893