Boice v. Ulster & Delaware Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ida M. Boice, from a judgment of the Supreme Court in favor of the defendant, entered in the ofBce of the clerk of the county of Ulster on the 19th day of December, 1906, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Ulster Trial Term.
1Opinion of the Court
Cochrane, J.:
Plaintiff was a passenger on, one of defendant’s trains. The day being warm the window opposite which she wás seated was open. As the train started on leaving one of the stations along the line of the journey the window fell and injured her hand which was resting on the sill. The window was open when she entered the car and according to her testimony was not manipulated by her.
From the testimony of one of the passengers in the same car that the window opposite which he was sitting was provided with two catches or fasteners it may be assumed that all of the windows in the same car…
2Cases cited2 opinions
- Strembel v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Voorhees v. Kings Co. Elevated RailroadNew York City Court · 1893