Kleffmann 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 -Com-pony, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county
1Opinion of the Court
Scott, J.:
When this case was before this court upon a former appeal (104 App. Div. 416), while the judgment was reversed for an erroneous refusal to charge, much doubt was expressed whether the plaintiff had successfully sustained the burden of showing his own freedom from negligence. His evidence in the present record is even more unsatisfactory upon-that point, and the evidence as to defendant’s negligence is far from convincing.- The plaintiff boarded a horse car and stood upon the front platform smoking a cigar. He says that the car was driven rapidly and was bouncing up and down in such…
2Cases cited2 opinions
- Odell v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
- Kleffmann v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Fardette v. New York & Stamford Railway Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Buckingham v. Eagle Warehouse & Storage Co.Appellate Division of the Supreme Court of the State of New York · 1919