Legal Opinion

Kelly v. Nassau Electric Railroad

New York Court of Appeals

Decided July 15, 1919PublishedCited by 2 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 2, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. No actionable negligence was proven. (Mott v. Consumers Ice Co., 73 N. Y. 543; Mulligan v. N. Y. & R. B. R. Co., 129 N. Y. 506; Grimes v. Young, 51 App.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 2, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. No actionable negligence was proven. (Mott v. Consumers Ice Co., 73 N. Y. 543; Mulligan v. N. Y. & R. B. R. Co., 129 N. Y. 506; Grimes v. Young, 51 App. Div. 240; Murphy v. Buckley-Newhall Co., 151 App. Div. 520; Meehan v. Morewood, 52 Hun, 568.) The trial justice erred in charging the jury, in effect, that if the…

1Opinion of the CourtPound, J.

This is an action to recover damages for personal injuries. Plaintiff was a music teacher, fifty-eight years of age at the time of the accident. She was active on her feet and went about the city. On the evening of February 13, 1914, she went to Ninth avenue and Nineteenth street in Brooklyn to take a Fifteenth street car on defendant’s street railway. It was snowing at the time. While waiting for the car she walked up and down and in and out of a waiting car. A car starter employed by defendant called the approaching car and plaintiff started towards it. The starter came up behind and caught…

2Cases cited1 opinion

  1. Hanlon v. Central Railroad of New JerseyNew York Court of Appeals · 1907

3Cited by2 opinions

  1. Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
  2. Weidman v. KetchamNew York Court of Appeals · 1938

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