Schonleben v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Sohonleben, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 17th day of November, 1913, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case, upon a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 12th day of November, 1913, denying plaintiff’s…
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Appeal by the plaintiff, Joseph Sohonleben, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 17th day of November, 1913, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case, upon a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 12th day of November, 1913, denying plaintiff’s motion for a new trial.
1Opinion of the Court
McLaughlin, J.:
The plaintiff was a passenger in one of defendant’s cars. The floor of the car was covered with wooden slats about an inch apart, fastened thereto by metal screws. One of these screws in the aisle between the seats projected above the slats from one-half to three-quarters of an inch. When the plaintiff reached his destination he was told to leave the car, and as he was doing so one of his shoes caught upon this screw and he was thrown down and injured. He had no knowledge of the existence of the screw until he was thrown down, and offered *791no evidence to show how long it had…
2Cases cited4 opinions
- Lomas v. . New York City Railway CompanyNew York Court of Appeals · 1907
- Van Inwegen v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Van Inwegen v. . Erie Railroad CompanyNew York Court of Appeals · 1909
- Waldman v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by4 opinions
- Cloud v. Kansas-Oklahoma Traction Co.Supreme Court of Kansas · 1918
- De Renzis v. New York Rapid Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Etress v. Shreveport Rys. Co.Louisiana Court of Appeal · 1948
- Raleigh v. HinesAppellate Division of the Supreme Court of the State of New York · 1921