Miller v. Uvalde Asphalt Paving Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the "Uvalde Asphalt Paving Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of March, 1909, upon the verdict of a jury for $800, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
The defendant introduced no evidence. It devolves upon us, therefore, to determine whether the plaintiff established, first, the proximate cause of his injury; second, that the defendant’s negligence is responsible for the existence thereof, and third, that his own negligence did not contribute to the injury complained of.
On the 20th of June, 1904, the plaintiff was a passenger in an open trolley car which was running through Church avenue. As it approached East Thirty-fourth street he signaled to the conductor and stepped down with liis right foot to the running board, his left foot…
2Cases cited3 opinions
- Connolly v. . Knickerbocker Ice Co.New York Court of Appeals · 1889
- Mills v. WoolvertonAppellate Division of the Supreme Court of the State of New York · 1896
- Lilley v. Uvalde Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Boyce Motor Lines, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
- Ward v. International Railway Co.New York Court of Appeals · 1912
- Mabs v. Park & TilfordAppellate Division of the Supreme Court of the State of New York · 1922
- Gray Construction Co. v. FantleSouth Dakota Supreme Court · 1934
- Wetsell v. ReillyAppellate Division of the Supreme Court of the State of New York · 1913