Goodkind v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of July, 1903, upon the verdict of a jury for $4,000,. and also from an order entered in said clerk’s office on the 2d day of July, 1903, denying the' defendant’s motion for á new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The plaintiff, a,, passenger upon one of the defendant’s cars, was-standing in the car holding on to a strap provided for the use of passengers. While in this position he was thrown or fell and sustained injuries for which he has recovered in this action. He testified that the car came to a-stop, and was started with a violent jerk which caused him to lose his hold upon the strap, and he was thrown down. The learned counsel for the appellant-admits that the evidence justified the submission of the case to the jury, but relies Upon two exceptions, one to the admission of testimony…
2Cases cited1 opinion
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
3Cited by3 opinions
- Fiori v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Brown v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Munzer v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904