Legal Opinion

Ganiard v. Rochester City & Brighton Railroad

New York Supreme Court

Decided October 15, 1888PublishedCited by 7 opinions

Appeal from circuit court, Monroe county. Action for personal injuries brought by Cornelia Ganiard against the Rochester City & Brighton Railroad Company. A verdict in favor of the plaintiff for the sum of $2,500 was returned in the circuit court. From the judgment entered o» this verdict, and from an order of the special term denying a motion for new trial, defendant appeals.

1Opinion of the CourtBarker, P. J.

The plaintiff attempted to enter one of the defendant’s cars as a passenger, and as she placed one foot on the step on the rear platform the car was suddenly started by the driver, which caused a jerking motion, and she was thrown upon the ground and received severe and painful injuries. In view of the legal propositions stated to the jury by the learned trial judge as their guide in disposing of the questions of fact, it is to be assumed that they, from all the evidence before them, found that the driver was guilty of negligence in starting the car while the plaintiff was attempting to reach…

2Cases cited8 opinions

  1. H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
  2. Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
  3. Strohm v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
  4. Keating v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1872
  5. Nichols v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1868

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3Cited by7 opinions

  1. Citizens Street Railroad v. JollyIndiana Supreme Court · 1903
  2. Hall v. Terre Haute Electric Co.Indiana Court of Appeals · 1905
  3. Griffith v. Utica & Mohawk RailroadNew York Supreme Court · 1892
  4. Schneider v. Second-Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1891
  5. Pitcher v. Lake Shore & Michigan Southern Railway Co.New York Supreme Court · 1889

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