Truesdell v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie 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 New York on the 11th day of November, 1905, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 10th day of November, 1905, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Erie 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 New York on the 11th day of November, 1905, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 10th day of November, 1905, denying the defendant’s motion for a new trial made upon the minutes. This is an action by a passenger against a common carrier for personal injuries alleged to have been sustained by her in alighting from one of defendant’s passenger cars at Forest Hill, N.…
1Opinion of the Court
Laughlin, J.:
The train had reached its regular stopping place at the plaintiff’s destination. There was clearly an invitation for her to alight at that point. ■ She had a right to alight, and was not obliged to allow herself to be carried beyond her home, and it was the duty of the defendant to afford her reasonable safety in alighting by either affording a reasonably safe place and facilities or warning and aiding her in alighting, and it was her duty to exercise the care and caution of a reasonably prudent person with the knowledge that she possessed. (Onderdonk v. N. Y. & S. B. R. Co., 74…
2Cases cited8 opinions
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
- Cartwright v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1884
- Werner v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Illinois Central Railroad v. HobbsAppellate Court of Illinois · 1895
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3Cited by5 opinions
- Trudnowski v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1927
- Colligan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
- Rondinelli v. Chicago, Rock Island & Pacific RailroadAppellate Division of the Supreme Court of the State of New York · 1958
- Nelson v. United Railways Co.Oregon Supreme Court · 1917
- Anderson v. Jamestown Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1922