Brady v. Metropolitan Street-Railway Co.
City of New York Municipal Court
Appeal from trial term. Action by Michael Brady against the Metropolitan Street-Railway Company for personal injuries. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
1Opinion of the CourtSCHUCHMAIi, J.
The only point urged by appellant to effect a reversal of the judgment is that the court erred in charging “that if, while the passenger is getting off the car, the jury find that the car is started suddenly, so as to produce a jerking motion, it is in itself an act of carelessness and negligence.” This was not error. Bennett v. Railroad Co., 40 App. Div. 626, 57 N. Y. Supp. 994; Roberts v. Johnson, 58 N. Y. 613; Schalscha v. Railroad Co., 19 Misc. Rep. 141, 43 N. Y. Supp. 251.
Judgment and order appealed from affirmed, with costs.
MCCARTHY, j., concurs.
2Cases cited3 opinions
- Roberts v. . JohnsonNew York Court of Appeals · 1874
- Schalscha v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1897
- Bennett v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899