Block v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by William Block against the Third Avenue Railroad Company. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtRumsey, J.
The plaintiff in this action alleges that the injury to the plaintiff was caused “by reason of the carelessness, negligence, and neglect of the defendant, its servants or agents.” There was no proof of any mismanagement of the car, or of any negligent performance by a servant of the defendant of any act which it was-its duty to do in transporting the plaintiff on the car. The undisputed evidence was that the plaintiff had an altercation with the conductor; .that he tried to pull the bell to stop the car, when the conductor willfully and of his own malice pushed him off the car. The evidence…
2Cases cited3 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Dexter v. . IvinsNew York Court of Appeals · 1892
- Zoller v. KelloggNew York Supreme Court · 1892
3Cited by3 opinions
- Fiorito v. Interurban Steet Railway Co.Appellate Terms of the Supreme Court of New York · 1905
- Hammer v. Independent Lamp & Wire Co.Appellate Terms of the Supreme Court of New York · 1916
- Willis v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1902