Savage v. Third Avenue Railroad

This is an appeal from a judgment in favor of the plaintiff for $912.44, entered at a Trial Term, and from an order denying a motion for a new trial. The plaintiff sued for injuries alleged to have been received while entering an open car of the defendant on June 15, 1896, by the improper starting of the car before he had a chance to properly board it, causing injuries to his left foot and ankle.

During the impaneling of the jury, defendant’s counsel called the attention of the court to the fact that he had examined the foreman of the jury, who acknowledged that he had witnessed an accident…