Dean v. Tarrytown, White Plains & Mamaroneck Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Tarrytown, White Plains and Mamaroneek Railroad Company, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the Í6tli day of May, 1905, upon the verdict of a jury for $1,375, and also from an. order entered in said clerk’s office on the 1st day of June, 1905, denying the defendant’s .motion for a. new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff complains that the defendant’s street surface electric trolley car, in which she was a passenger, became unmanageable, part of its mechanism exploded, blew up or was burned out, flames and sparks of fire appeared, loud reports were heard, the car oscillated violently, its lights went out, and that when,. terror stricken, she sought to escape out of the car she was thrown to the-ground and was injured. The negligence charged is. the use of a defective, inadequate and improper car, machinery and appliances.
The defendant asked the learned court to charge as follows: There…
2Cases cited5 opinions
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Jones v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Storey v. . BrennanNew York Court of Appeals · 1857
- Palmer v. Larchmont Horse Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Jones v. John Kroder & Henry Reubel Co.Appellate Division of the Supreme Court of the State of New York · 1904