Grabenstein v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by Herman Grabenstein against the Metropolitan Street Railway Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
The judgment and order appealed from should not be sustained.
In his complaint the plaintiff claimed that when, as a passenger, he attempted to alight from defendant’s car at the southerly crossing of 103d street and 8th avenue, the car, pursuant to his signal to the conductor, had come to a complete stop, and that, before he had time to alight, it was negligently started again by a servant of the defendant. When, at the trial, the plaintiff rested his case, and defendant’s motion for a nonsuit was denied, which ruling was duly excepted to, there was not a scintilla of evidence that the…
2Cited by5 opinions
- McCarty v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
- Hays v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- Dauch v. TheedAppellate Division of the Supreme Court of the State of New York · 1924
- Foden v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Laverty v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1906