Boyce v. . Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made March 14, IBS'!, which affirmed a judgment in favor of plaintifE, entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages for personal injuries caused by the alleged negligence of the defendant. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made March 14, IBS'!, which affirmed a judgment in favor of plaintifE, entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages for personal injuries caused by the alleged negligence of the defendant. The facts are sufficiently stated in the opinion. Not only is there no evidence on the plaintiff’s part of freedom from contributory negligence, but such contributory negligence affirmatively appears from the uncontradicted…
1Opinion of the CourtVann, J.
The defendant, as a carrier of passengers, operates a line of elevated railway, extending from Harlem to South ferry in the city of New York. The east platform of the South ferry station is built on a curve and each car, as it stops there, touches the curve at a tangent, so that the middle part is within one or two inches of the jffatform, while the ends are about fourteen inches therefrom. The result of this is an open space between the steps of the car and the platform of the station, several feet long; and fourteen inches wide. On the 25th of January, 1885, the plaintiff was a passenger…
2Cases cited11 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
- Hulbert v. New York Central RailroadNew York Court of Appeals · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Shannahan v. . Empire Engineering Corp.New York Court of Appeals · 1912
- Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1914
- Cadillac Motor Car Co. v. JohnsonCourt of Appeals for the Second Circuit · 1915
- Ryan v. Manhattan Railway Co.New York Court of Appeals · 1890
- Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
23 more not listed; retrieve them via the Exa API.