Monck v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, "William F. Monde, as administrator, etc., of William F. Monde, Jr., deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 13th day of November, 1903,. upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1ConcurrenceJenks, J.
(concurring in the dissent of Woodward, J.) :
I concur in the dissent of Woodward, J., whose discussion leaves little to be said. The casualty was not due to miscalculation; but to inattention, and the question involved is not that of a mistake in •calculation based upon the relative speeds of traveler and of car, but as to the act of the traveler in stepping onto the track of the ear when that car was almost upon him. The plaintiff was bound to establish the exercise of some care. (Pinder v. Brooklyn Heights R. R. Co., 173 N. Y. 519.) If plaintiff’s intestate, as he was about to step on the…
2Cases cited6 opinions
- Daniels v. Staten Island Rapid Transit Co.New York Court of Appeals · 1891
- Pelletreau v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Pinder v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1903
- Stevens v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Lane v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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