Doyle v. Albany Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Albany Railway, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 29th day of May, 1895, upon the verdict of a jury in favor of the plaintiff, rendered after a trial at the Albany Circuit, and also from an order entered in said clerk’s office on the 4th day of June, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Albany Railway, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 29th day of May, 1895, upon the verdict of a jury in favor of the plaintiff, rendered after a trial at the Albany Circuit, and also from an order entered in said clerk’s office on the 4th day of June, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries resulting from the alleged negligence of the defendant.
1Opinion of the Court
Edwards, J. :
From the plaintiff’s testimony it is evident that his injury was, at least in part, the result of his negligence. He was a passenger on one of the defendant’s electric cars running from Albany 'to Troy. The defendant’s road has two tracks, the cars for Troy running on the easterly and those for Albany on the westerly track. At Ward’s lane, about half a mile from the city of Albany, the car stopped to permit the plaintiff and his companion, Hughes, to alight. The plaintiff alighted from the easterly side of the car, preceded by Hughes, and as soon as he reached the ground the car…
2Cited by5 opinions
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Jackson v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Jackson v. Union Ry. Co. of New York CityAppellate Division of the Supreme Court of the State of New York · 1902
- Mehrle v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Laws v. Hammond, Whiting & East Chicago Railway Co.Indiana Court of Appeals · 1920