Grogan v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stephen H. Grogan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 29th day of January,, 1904, upon the dismissal of the complaint by direction of the court, after a trial at the Kings County Trial Term.
1Opinion of the Court
Hooker, J.:
While riding as a passenger on one of the defendant’s elevated trains, the plaintiff was injured by being kicked by one of the passengers who entered the car through the window near'which the plaintiff was sitting. This passenger in his effort in that manner to gain access to the car, struck the plaintiff on, the nose with his heel, inflicting the injuries to recover for which this action was brought.
The claim of negligencé was that the defendant permitted and allowed passengers to enter trains at this station through the windows. Evidence appears in the record tending to show that…
2Cases cited6 opinions
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- McGearty v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Dawson v. Trustees of New York & Brooklyn BridgeAppellate Division of the Supreme Court of the State of New York · 1898
- Merwin v. Manhattan Railway Co.New York Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Grogan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905