Smith v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the County Court of Kings County in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20tli day of March, 1908, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 6th day of April, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
The exception to the refusal of the trial court to dismiss the complaint upon the ground that there was no proof of freedom from negligence on the part of the plaintiff, presents the only question here for our consideration.
The plaintiff was injured at the Park Row elevated station of the defendant in attempting to board one of its trains. She was injured by stepping into the space between the station platform and the platform of the car which she attempted to board. The width of this space is not established as the result of measurement, but is stated by the different witnesses as…
2Cases cited4 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Carpenter v. . Boston and Albany R.R. Co.New York Court of Appeals · 1884
- Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
- Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
3Cited by7 opinions
- Yarde v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Lang v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Pemberton v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
- New York, N. H. & H. R. v. LincolnCourt of Appeals for the Second Circuit · 1915
- Johnson v. New York City Transit AuthorityAppellate Terms of the Supreme Court of New York · 2005
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