Kettel v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John B. Kettel, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of November, 1915, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 22d day of November, 1915, denying plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Clarke, P. J. (dissenting):
This is an action to recover damages for injuries sustained by the plaintiff, a passenger on one of defendant’s trains, alleged to have been caused by the negligent management of the train resulting in a sudden jerk as it was in the act of stopping at a station whereby the plaintiff was thrown from the platform of a car and run over. The learned trial court stated the facts as follows: “Resolving all conflicts of either statement or inference in plaintiff’s favor, the facts of the present case are substantially as follows: It was broad day-, light. Plaintiff was a…
2Cases cited23 opinions
- Railroad Company v. PollardSupreme Court of the United States · 1875
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
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