King v. . Interborough Rapid Transit Co.
New York Court of Appeals
Appeal from a judgment entered June 2, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. Plaintiff’s cause of action is clearly set forth in his complaint, and was clearly established.
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Appeal from a judgment entered June 2, 1921, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. Plaintiff’s cause of action is clearly set forth in his complaint, and was clearly established. (Ayres v. D., L. & W. R. R. Co., 158 N. Y. 254.) The Appellate Division took an erroneous view of plaintiff’s cause of action and erred in its finding of the law. (Carpenter v. B. & A. R. R. Co., 97 N. Y. 494.) Actionable negligence on defendant’s part…
1Opinion of the CourtPound, J.
The gist of plaintiff’s complaint and proof is that the defendant transported packages of newspapers in charge of carriers on its Third Avenue Elevated railroad for the purpose of distributing them to newsdealers by delivering them on the platforms of its stations; that on October 23, 1919, plaintiff was a prospective passenger on the platform of the Eighteenth street station, having paid his fare, waiting an uptown train, when a bundle of such newspapers was thrown from the front plat form of the rear car of a train which passed the station rapidly without stopping; that plaintiff was struck…
2Cases cited3 opinions
- Carpenter v. . Boston and Albany R.R. Co.New York Court of Appeals · 1884
- Queeney v. . WilliNew York Court of Appeals · 1919
- Moore v. . Vulcanite Portland Cement Co.New York Court of Appeals · 1917
3Cited by7 opinions
- Bryan v. Southern Pacific CompanyArizona Supreme Court · 1955
- Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
- Szpyrka v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Louisville Taxicab & Transfer Co. v. JacksonCourt of Appeals of Kentucky · 1952
- Bryan v. Southern Pacific CompanyArizona Supreme Court · 1955
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