Legal Opinion

Goldstuck v. Interborough Rapid Transit Co.

Appellate Terms of the Supreme Court of New York

Decided April 15, 1914PublishedCited by 1 opinion

Appeal by the plaintiff from a judgment of the City Court of the city of New York, dismissing the complaint at the close of the plaintiff’s case and from an order denying a motion for a new trial.

1Opinion of the CourtLehman, J.

The plaintiff sues for injuries alleged to have been received by the negligent operation of a train on which he was a passenger. At the trial he showed that he boarded the train at Twenty-third street; that there were no vacant seats in the cars and no standing room. He therefore stood on the platform where other people were also standing. He testified that, as the train pulled into the station at One Hundred and Thirty-eighth street, it stopped with a sudden jerk, and he was thrown forward and backward, and his right foot caught between the two cars. The car came to a stop with a sudden…

2Cited by1 opinion

  1. Tarlaian v. Annex Motors, Inc.Supreme Court of Rhode Island · 1933

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