Dwyer v. Auburn & Syracuse Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. the Auburn and Syracuse Electric Eai’lroad Company, from a judgment of the. County Court of Cayuga county in favor of the plaintiff, entered in the office of the clerk of said county on the 16th day of July, 1908,, upon the verdict of á jury for $1,000, and also from an order entered in said clerk’s office on the 23d day of June, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
On the afternoon of July 20,1907, in the city of Auburn, the plaintiff was riding on the rear platform of the defendant’s car, although there were empty seats inside the car. As the car proceeded northerly along State street, when it reached the southerly side of Seymour street, which it intersected, the plaintiff advised the conductor that he desired to alight at Seymour street, and the conductor gave the usual signal to the motorman on the front platform of the car, also calling out “Seymour Street.” As-plaintiff well knew, the usual stopping place for a car going northwardly at…
2Cases cited7 opinions
- Armstrong v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Crow v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Armstrong v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1901
- Hirsch v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1905
- Crow v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Harris v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
- Waddy v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913