Ludinsky v. Dry Dock, E. B. & B. R.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Abraham Budinsky against the Dry Dock, East Broadway & Battery Railroad Company. From a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtGiegerich, J.
The action was brought to recover damages for personal injuries claimed to have been received by the plaintiff while a passenger on the defendant’s street car. There was testimony on behalf of the plaintiff that all the seáts in the car on which he was riding were occupied, and that he accordingly stood upon the rear platform ; that the car approached the corner where the track turns from Avenue B into Second street at a rapid rate, and at the curve left the track, whereupon the plaintiff was thrown from the platform into the street, receiving the injuries complained of. The court dismissed…
2Cases cited3 opinions
- Hastings v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Hollahan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Braun v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906