Legal Opinion

Spaeth v. Manhattan Railway Co.

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

Decided December 15, 1905PublishedCited by 1 opinion

Appeal by fee plaintiff, Anna. E. Spaeth,, from, a judgment of fee Supreme Court in favor of the; defendant; entered in', fee office of fen clerk of the county of Westchester, on fee 26th day of April,'. 1904,. upon the- verdict, of" a jury, and also- from an order entered in said clerk’s .office- oh the- 28th day of Hay, 1904, denying the plaintiffs motion for a new trial made upon the minutes..

1Opinion of the Court

Hirschberg, P. J.:

The court erred in its charge to,- the jury. that, the; plaintiff was required by law to prove that the particular strand or loop' in the car mat which tripped her had been in. a dangerous- condition long enough to charge the defendant with constructive notice-.. She was a. passenger on one of the defendant’s elevated trains,, and while passing from- one car to. another looking for a seat was tripped and. somewhat, injured while stepping on the. usual woven rope or hemp - mat. The general trend of the- evidence indicates that one; of the- " strands stack up in the form of a…

2Cases cited1 opinion

  1. Rouillon v. WilsonAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. Rodriguez v. AmigoAppellate Division of the Supreme Court of the State of New York · 1997

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