Millie v. Manhattan Railway Co.
New York Court of Common Pleas
Action by Lena Millie against the Manhattan Railway Company to recover damages for personal injuries caused by falling down the stairway of defendant’s elevated railroad station. Defendant moves to dismiss the complaint on plaintiff’s evidence.
1Opinion of the CourtPryor, J.
Gentlemen, I have carefully considered the very interesting and able briefs with which you have favored me on the motion to dismiss the complaint, and I proceed to announce my decision. The evidence is sufficient to authorize an inference by the jury that a defect existed in defendant’s stairway. The question upon the motion to dismiss is whether the proof would warrant the jury in finding that the existence of the defect was due to the negligence of the defendant, and that the defect was the cause of the plaintiff’s mishap.
1. Since every man is presumed to discharge his duty, it results that…
2Cases cited9 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
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3Cited by8 opinions
- Shawnee Light & Power Co. v. SearsSupreme Court of Oklahoma · 1908
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BerryIndiana Supreme Court · 1899
- Ennis v. GrayNew York Supreme Court · 1895
- Bloom v. Promaxima Manufacturing Co.District Court, W.D. New York · 2009
- Dusenbury v. Delaware, Lackawanna & Western RailroadAppellate Terms of the Supreme Court of New York · 1916
3 more not listed; retrieve them via the Exa API.