Gott v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants the Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plain- ' tiff, entered in the office of the clerk of the county of Kings on the 12th day of January, 1905, -upon the verdict of a, jury for ij>800, and' also from an order entered in said clerkls office on the '30tli day of January,.1905, denying the defendant’s motion for anew trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The action is for negligence. The plaintiff complains that as a passenger on the platform of the defendant’s car he rested his hand upon an upright stanchion when the train was rounding a sharp curve, and that his car and the forward car came together and crushed his hand. The negligence attributed is defective construction and operation. There is no proof that any part of either car was defective or broke or gave way. There is no proof that the construction of the ears was improper, or that they lacked any guard or device which could prevent or would tend to prevent such an…
2Cases cited3 opinions
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Ayers v. . Rochester Railway Co.New York Court of Appeals · 1898
- Fahner v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903