Legal Opinion

Bacon v. Hudson & Manhattan Railroad

Appellate Division of the Supreme Court of the State of New York

Decided January 28, 1913PublishedCited by 8 opinions

Appeal by the defendant, the Hudson and Manhattan Railroad Company,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rockland on the 4th day of May, 1912, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Thomas, J.:

The plaintiff, standing about six inches from the edge of the platform in defendant’s subwaydn the Hudson Terminal Building in the city of New York, was jostled by the pushing of passengers as they crowded to take an incoming train, so that he fell to the track and was injured by the train. The court submitted the question whether the defendant was negligent in permitting so many passengers upon the platform. It is quite apparent that the disturbance was caused by the passengers compacting and surging forward to make early entrance to the arriving cars, and not from a general…

2Cited by8 opinions

  1. Schubart v. Hotel Astor, Inc.New York Supreme Court · 1938
  2. South Covington & Cincinnati Street Railway Co. v. VaniceCourt of Appeals of Kentucky (pre-1976) · 1925
  3. Dalton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1954
  4. Callaghan v. City of New YorkNew York Supreme Court · 1953
  5. Ulrich v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1916

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