Gatens 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 Kings on the •31st day of January, 1903, upon the verdict of a jury for $1,500.
1Opinion of the Court
Hirschberg, J.:
The judgment recovered by the plaintiff is for damages because of personal injuries sustained by him on being thrown from the rear platform of one of the defendant’s cars while rounding a curve on Fourth avenue at or near Fifteenth street in the borough of Manhattan. He testified that the car was crowded inside, all the seats *312and standing room being occupied, and that the conductor made no-objection to his standing upon the platform, but on the contrary collected his fare there. He did not know of the existence- of the curve, but was standing at the time with his back to the…
2Cases cited8 opinions
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- Dochtermann v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Dillon v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Lucas v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Wilder v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Tietz v. International Railway Co.New York Court of Appeals · 1906
- Mareiniss v. SheeranCourt of Appeals for the Second Circuit · 1929