Maisels v. Dry Dock, East Broadway & Battery Street Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the- plaintiff, Henry JVIaisels, an infant, by David Lourie, liis guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 4th day of March, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of March, 1896, denying Nthe plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Barrett, J.:
The action is to recover for injuries alleged to have been sustained through the defendant’s negligence. The evidence was clearly sufficient to support the verdict' which the jury rendered for the defendant, and this seems to be conceded. Our attention is called only to alleged errors ini the charge and the admission and exclusion of evidence.
It was charged that “ the omission of the driver to stop the car on the request of the plaintiff would not justify or excuse the act of the plaintiff in attempting to alight from the front platform of the car, while the car was in motion and…
2Cited by3 opinions
- Moffitt v. Connecticut Co.Supreme Court of Connecticut · 1913
- Stiasny v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Seipp v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1899