Brettner v. Westchester Electric Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from.a judgment in favor of the plaintiff rendered in .the Municipal Court of the city of Mew York, ninth district, borough of Manhattan.
1Opinion of the CourtGreenbaum, J.
It seems to me that this case is distinguishable from Clark v. Metropolitan Street Railway Company, 68 App. Div. 49. In the latter case the plaintiff attempted to board the defendant’s open car, before the step had been' lowered, and it there also appeared that “ he knew that the step had to he lowered before the car could proceed up town ” and that “he assumed that it had been lowered because the bar was raised, but there was nothing to justify that assumption ”. In the case at bar, the testimony of plaintiff was that, when the car reached the station and when she attempted to board the car,…
2Cases cited1 opinion
- Clark v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902