Thomas v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ferdinand Munch Brewery, 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 29th day of April, 1918, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 6th day of May, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The plaintiff sued the defendants to recover for personal injury. The plaintiff was a passenger on the defendant railroad company’s closed car. At Fifteenth street and Sixth avenue the car at its third window struck a keg or barrel loaded on a truck belonging to the other defendant, that was standing at Fifteenth street. It was the contention of the railroad company that there was sufficient room to pass the truck, but that during passage there was by act of the appellant’s servant a disturbance of a barrel on the truck so that it came in contact with the window of the car. Hence,…
2Cases cited3 opinions
- Bopp v. New York Electric Vehicle Transportation Co.New York Court of Appeals · 1903
- Bamberg v. International Railway Co.New York Supreme Court · 1907
- Hoffman v. Brooklyn, Queens County & Suburban RailroadAppellate Terms of the Supreme Court of New York · 1912
3Cited by7 opinions
- Moshier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- Lindemann v. WolfAppellate Division of the Supreme Court of the State of New York · 1931
- People v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1938
- Simon v. LowenthalCity of New York Municipal Court · 1938
- Wheatley v. BoyceCity of New York Municipal Court · 1937
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