Murphy v. Ninth Avenue Railroad
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Martin K. Murphy against the Ninth Avenue Railroad Company for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtFreedman, J.
The action was brought for the recovery of damages for personal injuries sustained by the plaintiff while a passenger on one of defendant’s cars, through the alleged negligence of the defendant. The plaintiff, at the time in question, was an active man, in full possession of all his faculties, and entirely familiar with defendant’s railroad and its operation and with the location of the structures of the elevated railroad in Ninth avenue at and near the point where he sustained the injuries. He boarded one of defendant’s cars, going south, from the easterly side, while the car was in motion.…
2Cases cited2 opinions
- Moylan v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Craighead v. . B.C.R.R. Co.New York Court of Appeals · 1890
3Cited by3 opinions
- Tietz v. International Railway Co.New York Court of Appeals · 1906
- Vroman v. Houston, West Street & Pavonia Ferry RailroadCity of New York Municipal Court · 1894
- Cassio v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901