Futoransky v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Nassau Electric Railroad Company, from a judgment of the Supreme Court in favor-of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of December, 1914, upon the ver, diet, oía jury for $2,500, and also from an order entered in said clerk’s. office on the 21st day of January, 1915, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Nassau Electric Railroad Company, from a judgment of the Supreme Court in favor-of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of December, 1914, upon the ver, diet, oía jury for $2,500, and also from an order entered in said clerk’s. office on the 21st day of January, 1915, denying defendant’s motion for a new trial made upon the minutes. The action is brought by a passenger to recover damages for being thrown from one of defendant’s trains by the alleged negligent management thereof.
1Opinion of the Court
Clarke, J.:
Plaintiff was a passenger on an elevated train of the defendant railroad corporation. He boarded it at Sixteenth street and Fifth avenue in the borough of Brooklyn. On New Utrecht avenue at the place where the accident occurred the tracks had left the elevated structure and were located on an embankment two or three feet above the surface of the avenue. The plaintiff and a friend had taken seats in the last car. The train stopped at Sixty-ninth street, and they asked a passenger what station it was, and were told. The train started up fast from that station, and when it reached the…
2Cited by2 opinions
- Kerner v. Surface Transportation Corp.Appellate Division of the Supreme Court of the State of New York · 1943
- Lee v. Mount Ivy Industrial Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 1969