Legal Opinion

Patterson v. Westchester Electric Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 14 opinions

Appeal by the defendant, The Westchester Electric Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 29th day'of May, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of July, 1897, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hatch, J.:. The action is to recover damages for negligence. The averments of the complaint, upon which the action is predicated, are in substance that the defendant stopped its car for the plaintiff to alight therefrom, and that, while she was in the act of alighting, the defendant carelessly and negligently caused the car to suddenly start with a jerk, without any warning to the plaintiff, and that by reason of such act she sustained the injuries of which complaint is made. The proof upon the part of the plaintiff tended to sustain the allegations of her complaint and to show that -the car…

2Cases cited3 opinions

  1. Neudecker v. . KohlbergNew York Court of Appeals · 1880
  2. Pierce v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
  3. Caven v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by14 opinions

  1. Rosenberg v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  2. Piper v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1918
  3. Pratt v. Utah Light & Traction Co.Utah Supreme Court · 1918
  4. Coleman v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  5. Starkey v. Market Street Railway Co.California Court of Appeal · 1928

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API