Adams v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Sarah Adams against the Union Railway Company of New York City. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.
1Opinion of the CourtLaughlin, J.
On the 23d day of September, 1899, at about 6 o’clock in the evening, the plaintiff boarded a north-bound car bn the defendant’s 3d avenue line, at 138th street, and paid her fare as a •passenger. It was an open car, propelled by electric power, and between Wendover avenue and I72d street, while it was running at a high rate of speed, it jumped the track, and struck an elevated railroad pillar, precipitating the plaintiff forward, and inflicting injuries, to recover for which this action was brought. The court instructed the jury, among other things, that the plaintiff made out a prima facie…
2Cases cited16 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
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