Mearns v. Central Railroad of New Jersey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made December 10, 1897, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made December 10, 1897, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The act of calling “ Jersey City, all out,” at a time when the plaintiff knew that the train was still approaching the terminal station was not an invitation to alight, and would not have justified the plaintiff in leaving the train before it…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for a personal injury. The plaintiff was a passenger on the defendant’s vestibuled train known as the Royal Blue Line, leaving Washington about noon on the 20th day of December, 1894, and arriving at Jersey City about six o’clock of the same evening. As the train was nearing the station at Jersey City the conductor or guard called out, “All out, Jersey City, last stop.” The plaintiff then got up and began to get ready to leave the train. He had been sitting a long time without standing. He straightened his limbs, smoothed his clothing, looked at his…
2Cases cited8 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Piper v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
- England v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hoylman v. Kanawha & Michigan Ry. Co.West Virginia Supreme Court · 1909
- Zelman v. Pennsylvania RailroadSupreme Court of New Jersey · 1919
- Meagher v. Long Island Rail RoadNew York Court of Appeals · 1970
- Busack v. Chicago City Railway Co.Illinois Supreme Court · 1918
- Hooker v. BlairMichigan Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.