McKinney v. New York Consolidated Railroad
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 17, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtMcLaughlin, J.
The plaintiff, while attempting to enter one of defendant’s Fourth Avenue subway cars at the Union Square station in the city of New York, sustained personal injuries by stepping into a space between the station and car platforms. He brought this action to recover the damages sustained, on the ground that his injuries were caused by the negligence of the defendant.
The negligence alleged was, in substance, that defendant maintained and permitted a dangerous and unsafe space to exist between the two platforms; that it failed to provide the station platform with railings, guards or barriers to…
2Cited by14 opinions
- Silver v. Sheraton-Smithtown InnAppellate Division of the Supreme Court of the State of New York · 1986
- Cross v. MurrayAppellate Division of the Supreme Court of the State of New York · 1940
- Ward v. StateNew York Court of Claims · 1975
- Italiano v. Jeffrey Garden Apts. Section II, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
- Jokelson v. Allied Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1968
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