Johnson v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Johnson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 12th day of December, 1899, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Hirschberg, J.:
It may very well be that the plaintiff has a good cause of action against the defendant, but it is undoubted that he has failed to prove it. With his wife and some other companions he started from Maspetli, in Queens county, to return to his home in Brooklyn, on September 16, 1894, by means of one of the defendant’s open trolley cars. He waited for the third car, asking the conductors of the first two which passed whether there was room, and finally boarded the third one, on the assurance of the conductor that there was sitting room. He found none, however, and he was obliged…
2Cases cited1 opinion
- Patterson v. HochsterAppellate Division of the Supreme Court of the State of New York · 1897