Brewster v. Barker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arthur A. W. Brewster, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of said county on the 12th day of August, 1908, reversing a judgment of the Municipal Court of the city of Rochester in favor of the plaintiff entered on the 11th day of November, 1907, upon the verdict of a jury for $175. The action was commenced on the 21st day of October, 1907, in the Municipal Court of the city…
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Appeal by the plaintiff, Arthur A. W. Brewster, from a judgment of the County Court of Monroe county in favor of the defendant, entered in the office of the clerk of said county on the 12th day of August, 1908, reversing a judgment of the Municipal Court of the city of Rochester in favor of the plaintiff entered on the 11th day of November, 1907, upon the verdict of a jury for $175. The action was commenced on the 21st day of October, 1907, in the Municipal Court of the city of Rochester to recover damages alleged to have been sustained by the plaintiff solely through the negligence of the…
1Opinion of the Court
McLennan, P. J.:
At about seven-thirty o’clock on the evening of September 17, 1907, the plaintiff was a passenger on a street car going north on South avenue, in the city of Rochester, which intersects the Main street car line in said city. Before reaching the Main street line the South avenue car came to a full stop for the purpose of permitting passengers to alight and to take on others. The passengers who were to leave the car were directed by the motormau or conductor to do so by passing out of the door at the front end of the car. The place where the South avenue car stopped was its…
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