Plumb v. . Richmond Light R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 6, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The exception to the charge with relation to the alleged presumption of negligence presents reversible error. (Munzer v. Interurban St. Ry. Co., 45 Misc. Rep. 568; Blew v. Phila. R. T. Co., 227 Penn. St. 319; Black v. Boston El.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 6, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The exception to the charge with relation to the alleged presumption of negligence presents reversible error. (Munzer v. Interurban St. Ry. Co., 45 Misc. Rep. 568; Blew v. Phila. R. T. Co., 227 Penn. St. 319; Black v. Boston El. R. Co., 187 Mass. 172; Chicago City Ry. Co. v. Rood, 163 Ill. 477; Hawkins v. Front St. Cable R. Co., 3 Wash. 592; Fagan v. Rhode Island Co., 27 R.…
1Opinion of the CourtPound, J.
Plaintiff, a passenger in defendant’s trolley car, riding on the running board, was injured in a collision between the car and a motor truck. On a unanimous affirmance of a judgment in favor of the plaintiff, entered on the verdict of a jury, leave to appeal to this court was granted by the Appellate Division. Testimony was given by plaintiff of the injury he sustained and the surrounding circumstances as tending to show defendant’s negligence; testimony was then given by defendant tending to explain the occurrence as happening without fault on its part. The evidence was then closed, no…
2Cases cited7 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Stierle v. . Union Railway Co.New York Court of Appeals · 1898
- Goldstein v. . Pullman Co.New York Court of Appeals · 1917
- Gibson v. International Trust Co.Massachusetts Supreme Judicial Court · 1900
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3Cited by63 opinions
- Matter of Philip M.New York Court of Appeals · 1993
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Wichita Falls Traction Co. v. ElliottTexas Supreme Court · 1935
- Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
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