Flynn v. Central Railroad
The Superior Court of New York City
Demurrer to complaint on the ground that the court has no jurisdiction of the person of the defendant or the subject of the action, and that the complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the CourtMcAdam, J.
The complaint alleges that the plaintiff, who is a resident of the State of New York, while lawfully engaged in loading grain upon the cars of the defendant, in the State of New Jersey, and attempting to pass through an opening purposely made to assist in the loading, the defendant negligently, and without warning, violently moved the cars backward and suddenly closed the said space, whereby the plaintiff was jammed, his ribs fractured, and his arm broken, all without any fault on his part. As cars generally go forward, not backward, a person passing the rear end of a *32stationary train may, in…
2Cases cited7 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
- Popfinger v. . YutteNew York Court of Appeals · 1886
- Barry v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
- Barney v. BurstenbinderNew York Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Flynn v. Central RailroadThe Superior Court of New York City · 1893
- Maas v. Cunard Steamship Co.Appellate Terms of the Supreme Court of New York · 1897