Plumb v. . Richmond Light R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 6, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The exception to the charge with relation to the alleged presumption of negligence presents reversible error. (Munzer v. Interurban St. Ry. Co., 45 Misc. Rep. 568; Blew v. Phila. R. T. Co., 227 Penn. St. 319; Black v. Boston El.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 6, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The exception to the charge with relation to the alleged presumption of negligence presents reversible error. (Munzer v. Interurban St. Ry. Co., 45 Misc. Rep. 568; Blew v. Phila. R. T. Co., 227 Penn. St. 319; Black v. Boston El. R. Co., 187 Mass. 172; Chicago City Ry. Co. v. Rood, 163 Ill. 477; Hawkins v. Front St. Cable R. Co., 3 Wash. 592; Fagan v. Rhode Island Co., 27 R.…
1DissentMcLaughlin, J.
The plaintiff, a passenger in one of defendant’s ‘street cars, was injured by a motor truck, going in the opposite direction, colliding with the side of the car. The truck was not owned or in any way controlled by the defendant. The trial court, after referring to the collision, instructed the jury, to which an exception was taken, as follows: “ When such a collision takes place there arises as a rule of evidence a presumption of negligence on the part of the carrier which calls upon it for an explanation. I do not mean in making this statement that this rule of evidence shifts the burden of…
2Cases cited9 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Hawkins v. Front Street Cable Railway Co.Washington Supreme Court · 1892
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Chicago City Railway Co. v. RoodIllinois Supreme Court · 1896
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