Berry v. Utica Belt Line Street Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George D. Berry,, from a judgment of the County Court of Oneida county in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 15th day of February, 1902, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at a Trial Term of said court.
1Opinion of the Court
McLennan, J.:
This action was commenced on the 15th day of September, 1901, to recovér damages for injuries sustained by the plaintiff by being thrown from one of defendant’s cars at about eleven forty-five o’clock in. the evening of August 21, 1901, alleged to have been •caused through the negligence of the defendant.
The defendant is a domestic street railroad corporation, and at the time in question was operating cars upon its railroad, which, among other places, extended upon and along Seymour avenue in the city of Utica, NT. Y. " The plaintiff was desirous of taking passage •on one of…
2Cases cited2 opinions
- Eppendorf v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1877
- Sexton v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Berry v. Utica Belt Line St. R.Appellate Division of the Supreme Court of the State of New York · 1903
- Kriedermacher v. Union RailwayCity of New York Municipal Court · 1908