Moskowitz v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Moskowitz, from a' judgment of the Supreme-Court in favor of the defendant, entered in the office-of the clerk of the county of Kings on the 17th day of June, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Dissent
Hirsohberg, J,.(dissenting):
I dissent from, the decision of the court in this Case as I think a, question was presented by the plaintiff’s evidence for submission to-the jury. The plaintiff was received by the defendant as a passen- • ger on one of its closed cars which was crowded' at the time, and which was coming to Brooklyn, but which was stopped in order to-enable him to get on at the corner of Richard and Myrtle avenues in Glendale. It was so crowded that he could only secure footing upon the step, and he stood there holding on by the car handle with both hands until, while running very…
2Cases cited14 opinions
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Dochtermann v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Hastings v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Hayes v. . Forty-Second St., Etc., R.R. Co.New York Court of Appeals · 1884
- Hassen v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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