Bessenger v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward Bessenger, 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 15th day of April, 1902, upon an order entered in said clerk’s office on the 18th day of March, 1902, dismissing the complaint and setting aside the verdict of a jury in favor of the plaintiff for $1,500, and also from the said order upon which such judgment was entered.
1Opinion of the Court
Woodward, J.:
The plaintiff was a passenger upon one of the defendant’s southbound Madison avenue cars, and had asked for and received a transfer to East Fourteenth street. Just before the car reached the crossing the conductor cried out “ transfer,” and the car came to a full standstill on the upper side of Fourteenth street. While the car was thus standing, the plaintiff, who had been riding on the rear platform, stepped down upon the step and had one foot upon the ground, when the car started, throwing the plaintiff to the street, inflicting injuries which the jury has assessed at $1,500.…
2Cases cited4 opinions
- Armstrong v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Dean v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Griffiths v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Armstrong v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1901
3Cited by3 opinions
- Oklahoma Union Railway Co. v. MitchellSupreme Court of Oklahoma · 1924
- Sheridan v. City of New YorkNew York Court of Appeals · 1959
- Winona & Warsaw Railway Co. v. RousseauIndiana Court of Appeals · 1910