Scholtz v. Interborough Rapid Transit Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtBischoff, J.
Unless we are to affirm that conjecture may supply what the proof omits and that surmise or suspicion may serve for a probative inference, we cannot uphold the plaintiff’s recovery upon this record.
A passenger upon the defendant’s railroad, he alighted at its City Hall station and followed several other persons upon the station platform; but, in the course of his progress, he was caused to fall because of an obstruction in his path. The obstruction was an iron gate, some two feet square and two inches thick, which was lying upon the platform but which had, so far as appears, no sensible…
2Cases cited2 opinions
- Idel v. . MitchellNew York Court of Appeals · 1899
- Benson v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1900
3Cited by3 opinions
- Serviss v. Ann Arbor RailroadMichigan Supreme Court · 1912
- Chesapeake & O. Ry. Co. v. BurtonCourt of Appeals for the Fourth Circuit · 1931
- Kaplowitz v. Interborough Rapid Transit Co.New York Supreme Court · 1907