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.
1Opinion of the Court
Jenks, J.:
The plaintiff showed an accident, but he did not prove actionable negligence. I think that while riding upon the step of the car he, in the language of Cullen, J., assumed “ the risk ordinarily incident to such a position from the jolts and jars of the moving car., the unevenness of the track and the turning of curves.” (Dochtermann v. Brooklyn Heights R. R. Co., 32 App. Div. 13, affirmed.) (See, too, Ayers v. Rochester Railway Co., 156 N. Y. 104; Francisco v. Troy & Lansingburgh R. R. Co., 78 Hun, 13.)
The plaintiff boarded the car at the corner of Richard and Myrtle avenues in…
2Cases cited7 opinions
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Ayers v. . Rochester Railway Co.New York Court of Appeals · 1898
- 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
- Hassen v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by3 opinions
- Kiefer v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Gatens v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Verrone v. R. I. Suburban Railway Co.Supreme Court of Rhode Island · 1905