Nichols v. . Sixth Avenue R.R. Co.
New York Court of Appeals
The action was brought against the defendant, in the Superior Court of New York, for damages sustained by the plaintiff, in consequence of injuries received by him, in being thrown from a one-horse car of the defendant, through the negligence of the defendant’s driver.
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The action was brought against the defendant, in the Superior Court of New York, for damages sustained by the plaintiff, in consequence of injuries received by him, in being thrown from a one-horse car of the defendant, through the negligence of the defendant’s driver. The plaintiff on the ninth day of August, 1858, wishing to go inside of the car with a bundle of newspapers, which he was carrying for his mother, who kept a newspaper stand at the corner of Thirteenth street and Sixth avenue, was directed to get on the outside. While starting to get off he was thrown from the car by its sudden…
1Opinion of the CourtMiller, J.
At the close of the plaintiff’s case, the defendant’s counsel moved to dismiss the complaint upon the ground, that the evidence was not sufficient to justify the jury in finding that the disaster was occasioned by negligence on the part of the defendant; also, that the evidence did show that the disaster was occasioned by negligence on the part of the plaintiff; and upon the further ground, that, in any aspect of the ease as then presented by the evidence, it was a case of mutual negligence, the negligence of the plaintiff concurring with that of the defendant, to produce the injury, and…
2Cited by22 opinions
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
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