Dambmann v. Metropolitan Street Railway Co.
New York Court of Appeals
. Appeal from a judgment of the Appellate Division oE the Supreme Court in the first judicial department, entered February 11, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for anew trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to charge defendant’s request. (Armstrong v. M. S. Ry. Co., 36 App.
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. Appeal from a judgment of the Appellate Division oE the Supreme Court in the first judicial department, entered February 11, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for anew trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to charge defendant’s request. (Armstrong v. M. S. Ry. Co., 36 App. Div. 527; 155 N. Y. 41; Savage v. T. A. R. R. Co., 20 App. Div. 556; Patterson v. W. E. R. R. Co., 26 App. Div. 336; Anderson v. T. A. R. R. Co., 36 App. Div. 310;…
1Opinion of the CourtHaight, J.
The action was brought to recover damages for a personal injury. The complaint alleged that the plaintiff was a passenger upon one of the defendant’s cars; that she had asked the conductor to stop the same for the purpose of allowing her to alight and that thereupon the car stopped and she left her seat and attempted to alight therefrom, “ but that, through the negligence and carelessness of the conductor or motorman, or both, said car was suddenly and violently started while the plaintiff was in the act of alighting therefrom ; that in consequence of the aforesaid negligence, and without…
2Cited by7 opinions
- Green v. DownsNew York Court of Appeals · 1970
- Zipay v. BensonAppellate Division of the Supreme Court of the State of New York · 1975
- Edelman v. Interurban Steet Railway Co.Appellate Terms of the Supreme Court of New York · 1905
- Chadwick v. Beneficial Life Ins.Utah Supreme Court · 1920
- Johnson v. HicksonAppellate Division of the Supreme Court of the State of New York · 1976
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