Kleffmann v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Dry Dock, East Broadway and Battery Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the 'office of the clerk of the county of Hew York on the 10th day of March, 1904, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 9th day of March, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This was an action brought to recover damages fór injuries claimed to have been sustained by reason of the negligence of the defendant. The plaintiff testified that he boarded one of the defendant’s east-bound horse cars» at the southeast corner of Beach and Hudson streets, in the city of Hew York, on the 9th day of May, 1900, at about eleven o’clock at night. He boarded the car by the front platform, passed to the left side in the rear of the driver, and placed his back against the front. of the car, grasped the rod in his rear with both hands, and stood facing the horses. The car…
2Cases cited2 opinions
- Lyons v. AvisAppellate Division of the Supreme Court of the State of New York · 1896
- Odell v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
3Cited by1 opinion
- Kleffmann v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906