Brown v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by t-lie defendant, The Manhattan 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 New York on the 21st day of April, 1904, upon the verdict of a jury for $5,00Q, and also from an order entered in said clerk’s office on the 14th day of April, 1904, denying the defendant’s motion for a new trial made Upon the minutes.
1Opinion of the Court
McLaughlin, J.:
In December, 1897, the plaintiff attempted to board one of the defendant’s trains, and in doing so one foot was caught between the moving train.and platform and her leg and ankle seriously injured. She brought this action to recover the damages sustained, upon the ground that such injuries were caused by the defendant’s negligence in starting the train before she had succeeded in getting onto it. *397She had a recovery and defendant has appealed. She also had a recovery on a former trial, which, on appeal to this court, was reversed for errors committed in the admission of evidence…
2Cases cited8 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Sugarman v. BrengelAppellate Division of the Supreme Court of the State of New York · 1902
- Storey v. . BrennanNew York Court of Appeals · 1857
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3Cited by1 opinion
- Keefe v. . LeeNew York Court of Appeals · 1909