Bradley v. Second Ave. R.
New York Supreme Court
Appeal from circuit court, New York county. Action by James Bradley, as administrator of the estate of James Bradley, deceased, against the Second Avenue Bailroad Company, to recover damages for injuries causing the death of plaintiff’s intestate. From a judgment for $3,313.25 entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, ^defendant appeals. Beversed.
1Opinion of the CourtParker, J.
On the evening of January 28, 1895, plaintiff’s intestate boarded one of defendant’s cars on Second avenue, near Twenty-Seventh street. Although there was ample room for him on the inside of the car, he went out upon the front platform, and there remained standing until the car reached Sixty-Third street, when he fell off, was run over, and received such injuries that he died about a week later. The theory of the plaintiff upon the trial was that the defendant was guilty of negligence causing the injury, in that the driver, without necessity for it, so suddenly applied the brake as to cause…
2Cases cited4 opinions
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Connolly v. . Knickerbocker Ice Co.New York Court of Appeals · 1889
- Coleman v. . Second Ave. R.R. Co.New York Court of Appeals · 1889
- Cassidy v. Atlantic Avenue RailroadNew York City Court · 1894
3Cited by3 opinions
- L. & N. R. R. v. Massie's Admr.Court of Appeals of Kentucky · 1910
- Bridges v. Jackson Electric Railway, Light, & Power Co.Mississippi Supreme Court · 1905
- Bradley v. Second Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1898