Fox v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Matthew I. Fox, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of December, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of November, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The judgment and order: d eny ing - a- -motion for a new trial in this case must be. reversed for an error of the court in an instruction *461given to the jury. The action was brought to recover damages for injuries sustained by the plaintiff which he claimed were occasioned by one of the defendant’s servants starting a train from a station before he, the plaintiff, could safely alight therefrom. The evidence on the part of the plaintiff was to the effect that he and a friend who xvas with him were passengers on a train on the defendant’s road and that they desired "to leave the…
2Cases cited3 opinions
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Wohlfahrt v. . BeckertNew York Court of Appeals · 1883
- Hoes v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896