Legal Opinion

Grabenstein v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided June 22, 1903PublishedCited by 5 opinions

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

  1. McCarty v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
  2. Hays v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
  3. Dauch v. TheedAppellate Division of the Supreme Court of the State of New York · 1924
  4. Foden v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  5. Laverty v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1906

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