Legal Opinion
Brady v. Metropolitan Street Railway Co.
City of New York Municipal Court
Decided December 15, 1900Published
Appeal from a judgment in favor of the plaintiff, and from an order denying the defendant’s motion for a new'trial.
1Opinion of the CourtSchuchman, 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. Third Ave. R. R. Co., 40 App. Div. 626; Roberts v. Johnson, 58 N. Y. 613; Schalscha v. Third Ave. R. R. Co., 19 Misc. Rep. 141.
Judgment and order appealed from affirmed, with costs.
2ConcurrenceMcCarthy, J.
Judgment and order affirmed, with costs.
3Cases 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