Schuler v. Third Avenue Railroad
New York Court of Common Pleas
Appeal from city court, general term. Action by Herman Schuler against the Third Avenue Railroad Company. Judgment for plaintiff was affirmed by the general term of the city court, (17 N. Y. Supp. 834,) and defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
Plaintiff, a passenger, and towards whom, therefore, defendant owed the duty of the “ utmost care and diligence of very cautious persons” under like circumstances, to avoid the risk of injury, (Maverick v. Railroad Co., 36 N. Y. 378,) had deposited his bundle of wall paper on the front platform, close to the dashboard, and was about to alight from the car after it had come to a full stop. He stooped to pick up the bundle, and, as he did so, the driver suddenly released the brake. The brake handle was left unguarded, and its tensile recoil caused it to come into violent contact with…
2Cases cited11 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Davidson v. . CornellNew York Court of Appeals · 1892
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867
- Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
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3Cited by4 opinions
- Doherty v. LordNew York Court of Common Pleas · 1894
- Tuomey v. O'reilly, Skelly & Fogarty Co.New York Court of Common Pleas · 1893
- Geiler v. Manhattan Ry. Co.New York Court of Common Pleas · 1895
- Levison v. BernheimerCity of New York Municipal Court · 1900