Tietz v. International Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 14, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 14, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There is an entire absence of evidence of negligence on the part of the Niagara Falls Park and River Railroad Company, for which the defendant was liable. (Craighead v. B. C. R. R. Co., 123 N. Y. 391; Murphy v. N. A. R. R. Co., 6 Misc. Rep. 298; 149 N. Y. 609 ; Moody v.…
1Opinion of the CourtWillard Bartlett, J.
This is an action to recover damages for personal injuries sustained by the plaintiff while a passenger upon an electric car operated by the Niagara Falls Park and River Railway Company in the Dominion of Canada on September 10, 1899. The defendant is the successor in interest of that corporation and no question is raised as to its liability herein in case there is any liability at all. The accident out of which the action arose occurred while the plaintiff was endeavoring to change his scat in the car. For this purpose he stepped down upon the running board, and while there his body was…
2Cases cited20 opinions
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- Cincinnati, Hamilton & Indianapolis Railroad v. CarperIndiana Supreme Court · 1887
- J. A. Lambeth v. . N.C. R. R. Co.Supreme Court of North Carolina · 1872
- Filer v. . New York Central R.R. Co.New York Court of Appeals · 1874
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3Cited by6 opinions
- Werndli v. Greyhound Corp.District Court of Appeal of Florida · 1978
- Bowes v. New England Transportation Co.Supreme Court of Connecticut · 1940
- The Empress of ScotlandDistrict Court, S.D. New York · 1926
- Morgan v. Oceanic Steam Navigation Co.City of New York Municipal Court · 1927
- Milliken v. Rhode Island Co.Supreme Court of Rhode Island · 1917
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