Legal Opinion

Holzhauser v. Brooklyn Heights Railroad

New York Supreme Court

Decided March 15, 1904Published

Motion on the minutes to set aside a verdict for the plaintiff.

1Opinion of the Court

Gaynor, J.:

At the place where the car stopped to let the plaintiff off there was (as the jury must have found) a deep depression or hole in the street running along the side of the car about eight feet, and into which the plaintiff fell as she was getting down from the running board; and that the hole was so obviously deep and dangerous that it was negligence to stop along side of it and let passengers get out into it without warning after dark. Evidence that another person at a previous time had fallen into the same hole in the same way in getting off one of defendant’s cars was received…

2Cases cited3 opinions

  1. District of Columbia v. ArmesSupreme Court of the United States · 1883
  2. Lundbeck v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
  3. Morrow v. Westchester Electric Railway Co.New York Supreme Court · 1900

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