Medler v. Atlantic Avenue Railroad
New York City Court
Appeal from trial term. Action by James Medler against the Atlantic Avenue Railroad Company for personal injuries. Judgment was entered on a verdict for plaintiff, and defendant appeals.
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Appeal from trial term. Action by James Medler against the Atlantic Avenue Railroad Company for personal injuries. Judgment was entered on a verdict for plaintiff, and defendant appeals. The court refused to charge as requested at folio 268, that if the movement of the car would have been ineffectual to disturb the equilibrium of an ordinary passenger standing on the step, then there was no negligence on defendant’s part, but did instruct at folio 269 that if the movement was so slight that no person could foresee that it would cause the plaintiff to fall, there could be no recovery.
1Opinion of the CourtOsborne, J.
Plaintiff brought this action to recover damages for injuries sustained by him through the alleged negligence of the driver of one of defendant’s cars. It appears from the testimony of the plaintiff, a blacksmith by trade, that on the afternoon of Saturday, August 10, 1890, at the close of his day’s work, he took passage on an open car of the defendant, sitting on the first seat back of the driver, to go to his home. The place where he in*931tended to alight was at the corner of Congress and Hicks streets. Plaintiff testified: “When I came within about two houses of the corner of Congress street…
2Cases cited2 opinions
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Nichols v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1868
3Cited by4 opinions
- Cassidy v. Atlantic Avenue RailroadNew York City Court · 1894
- Keeley v. City Electric Railway Co.Michigan Supreme Court · 1911
- Kinkade v. Atlantic Avenue RailroadNew York City Court · 1894
- Demann v. Eighth Ave. R.New York Court of Common Pleas · 1894