Legal Opinion
Mareiniss v. Sheeran
Court of Appeals for the Second Circuit
Decided April 1, 1929No. Nos. 254, 255Published
1Opinion of the CourtAugustus N. Hand, Circuit Judge
(after stating the facts as above).
It is common knowledge that some jolting is usual when a trolley car rounds a curve. Passengers who hoard a crowded open car are hound to take notice of this fact and guard against being thrown down or off the car. Ward v. International R. Co., 206 N. Y. 83, 99 N. E. 262, Ann. Cas. 1914A, 1170. The railroad, on the other hand, is under an obligation to exercise care commensurate with the circumstances. It must proceed without unnecessary speed or jolting, and do whatever is reasonably practicable to prevent passengers from losing their balance and coming to…
2Cases cited5 opinions
- Ward v. International Railway Co.New York Court of Appeals · 1912
- Dillon v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Lucas v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Schaefer v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Gatens v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903