Donoho v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in the Municipal Court, second district, borough of Manhattan.
1Opinion of the CourtFreedman, P. J.
The plaintiff in this action claims to have been injured by being thrown from a crowded car, belonging to the defendant, while standing upon the rear platform. Upon the trial the defendant attempted to show that, at the time the accident is alleged to have occurred, the plaintiff was in a state of intoxication. For that purpose, it called several witnesses who were present and saw the plaintiff, and who were asked whether *434they would characterize the acts of the plaintiff at the time of the accident as the acts of a man under the influence of intoxicating liquor,,or as those of a sober man.…
2Cases cited1 opinion
- The People v. . EastwoodNew York Court of Appeals · 1856
3Cited by1 opinion
- Marshall v. RileyAppellate Terms of the Supreme Court of New York · 1902