Lobsenz v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Lobsenz, an infant, by Theodore Lobsenz, his guardian ad litem, 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 18th day of June, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of June, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The plaintiff sued to recover damages for personal injuries alleged to have been caused by the negligence of one of the defendant’s servants in prematurely increasing the speed of a car which he attempted to board on Fourth avenue, at the northerly crossing of Thirty-first street. The plaintiff testified that he signaled the motorman to stop; that the motorman put his hand to the brake, whereupon the car came almost to a standstill, or, as the plaintiff expressed it, was moving at a snail’s pace; that the plaintiff had one foot on the step of the rear platform of the car when…
2Cases cited5 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Moylan v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Eppendorf v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1877
- Kimber v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902