Colwell v. Manhattan Railway Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by Annie Colwell against the Manhattan Railway Company for injuries sustained by plaintiff while a passenger on defendant’s car. Judgment was entered on a verdict for plaintiff, and a motion for a new trial was denied, and defendant appeals.
1Opinion of the CourtBartlett, J.
It seems to me there is no difficulty in sustaining the plaintiff’s right to recover in this action. The facts to which she testified, and the inferences which may legitimately be drawn from them, make out a case of negligence on the part of the defendant. The plaintiff was a passenger upon one of the defendant’s elevated railway trains on the west side of the city of New York. She entered the cars at the Twenty-Third Street station, intending to go to the station at Fifty-Ninth street and Ninth avenue. As the train came into the latler station, the trainman who had charge of the gates got…
2Cases cited4 opinions
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Hoffman v. . ConnerNew York Court of Appeals · 1879
- Nichols v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1868
3Cited by12 opinions
- Pearl v. Wm. Filene's Sons Co.Massachusetts Supreme Judicial Court · 1945
- Carnego v. Crescent Coal Co.Supreme Court of Iowa · 1914
- Western Gas Const. Co. v. DannerCourt of Appeals for the Ninth Circuit · 1899
- Bowsher v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1901
- Louisville & Interurban Railroad v. FrazeeCourt of Appeals of Kentucky · 1918
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