Ruppenthal v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nassau Electric Railroad Company, 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 27th day of March, 1919, upon the verdict of a jury for $800.
1Opinion of the Court
Jenks, P. J.:
I am not prepared to say that as matter of law plaintiff contributed to the casualty, but I do think that the facts did not justify a verdict that exculpates her from contributory negligence. There was a subway station isolated like an island in the triangle formed by Flatbush, Atlantic and Fourth avenues in the borough of Brooklyn. The defendant worked its street surface cars upon main lines in the first two streets. In addition, it maintained in that locality a third track laid near the east curb of Flatbush avenue, which track crossed the main tracks and ran into Fourth avenue…
2Cases cited3 opinions
- Perez v. . SandrowitzNew York Court of Appeals · 1905
- Woodward v. . New York Railways CompanyNew York Court of Appeals · 1917
- Woodward v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by1 opinion
- Ruppenthal v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920