Gilbertson v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Forty-second Street, Manhattanvil'le and -St., Nicholas Avenue Railway Company, from a judgment of the Supreme Court in favor" of the plaintiff, entered in the office of the clerk of the county of New York on- the 30th day of June, 1896, upon the verdict of a j¡ury for $10,000, and also from an order entered in said -clerk’s office on the- 1st day of July, 1896, denying the defendant’s motion for anew trial made upon the minutes. .
1Opinion of the Court
Tan Brunt, P. J.:
This action was brought to recover for injuries claimed to have been sustained by the plaintiff on the 26th of August, 1893, while alighting from a car of the defendant. The accident happened at the intersection of Sixty-eighth street and the Boulevard. That the plaintiff was thrown down upon alighting from one of the defendant’s cars and received serious injuries seems to have been satisfactorily proven. The questions litigated were, whether the defendant was guilty of negligence, and whether the plaintiff had shown, herself free from contributory negligence.
During the…
2Cases cited1 opinion
- President, Managers & Directors of the Delaware & Hudson Canal Co. v. Village of WhitehallNew York Court of Appeals · 1882
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- Page v. President, Managers & Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Page v. PresidentAppellate Division of the Supreme Court of the State of New York · 1898
- McMahon v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
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