Coleman v. . Second Ave. R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff, entered on a verdict. This action was brought to recover damages alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion. Plaintiff, in doing what he did, in changing his seat, was guilty of negligence as matter of law.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff, entered on a verdict. This action was brought to recover damages alleged to have been caused by defendant’s negligence. The material facts are stated in the opinion. Plaintiff, in doing what he did, in changing his seat, was guilty of negligence as matter of law. (Holbrook v. U. & B. R. R. R. Co., 12 N. Y. 236; Todd v. Old Colony R. R. Co., 3 Allen, 18; 7 id. 207; Torrey v. B. & A. R. R. Co., 147 Mass. 412;…
1Opinion of the CourtBradley, J.
While riding as a passenger in an open car on • the defendant’s street railroad, the plaintiff received a personal injury, which he charges was occasioned wholly by the fault or negligence of the defendant. The plaintiff entered the car at One Hundred and Twenty-sixth or One Hundred and Twenty-seventh street, in the city of Hew York, and sat on the rear seat of the car until it approached One Hundred and Fifth street, when he left his seat and stepped out onto the side step of the car, and was proceeding to go forward to take another seat in the car, when his head came in contact with one of…
2Cases cited5 opinions
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- Pittsburg & Connellsville Railroad v. AndrewsCourt of Appeals of Maryland · 1874
- Indianapolis & Cincinnati Railroad v. RutherfordIndiana Supreme Court · 1867
- Torrey v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
3Cited by15 opinions
- Conroy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1897
- Chicago, St. P., M. & O. Ry. Co. v. MyersCourt of Appeals for the Eighth Circuit · 1897
- Ward v. International Railway Co.New York Court of Appeals · 1912
- Moody v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1902
- Gray v. Rochester City & Brighton RailroadNew York Supreme Court · 1891
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