Kelly v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2d day of February, 1903, upon the verdict of a jury for $800, and also from an order entered in said clerk’s office on the 11th day of February, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff has recovered a verdict against the defendant for personal injuries occasioned to her while she was a passenger on its *160road. She was seated on the north side of a car running west through Thirty-fourth street, Manhattan, and crossing Fifth avenue,, when the shaft of an express wagon going south along Fifth avenue punctured the side of the car and injured her. The only question which it is necessary to consider is the charge of the learned court. In the principal charge the court said: “Now, while the railroad company are not insurers or guarantors of the safety…
2Cases cited2 opinions
- Stierle v. . Union Railway Co.New York Court of Appeals · 1898
- Regensburg v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Luter v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1914
- Zvonik v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904