Kinkade v. Atlantic Avenue Railroad
New York City Court
Appeal from judgment in favor of the plaintiff, entered upon the verdict of a jury, and from order denying motion for a new trial. . Action for injuries sustained by the plaintiff while getting upon an open trolley car of the defendant. Plaintiff had got upon the step of the car, and was just about to place his right foot in the car, when it suddenly started with a violent jerk, throwing him from the car and breaking his leg in three places.
1Opinion of the Court
Clement, Ch. J;
The counsel for the appellant in this case seeks a reversal on only two grounds: First, that there was no proof of negligence on the part of the employees of the defendant, and, second, on the ground that the verdict for $10,000 was excessive. We have carefully read the record in this case and find no ground for disturbing the result at the trial term. We will go further and say that the appeal seems to us- to be taken solely for delay. It was decided by this court in the case of Medler against this company (12 N. Y. Supp. 930, affirmed in Court of Appeals, without opinion, 126…
Also in this document: Concurrence.
2Cases cited3 opinions
- Spooner v. Brooklyn City Railroad Co.New York Court of Appeals · 1873
- Vail v. Broadway R. Co.New York City Court · 1893
- Medler v. Atlantic Avenue RailroadNew York City Court · 1891
3Cited by2 opinions
- Schalscha v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1897
- Keeley v. City Electric Railway Co.Michigan Supreme Court · 1911