King v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Interborough Rapid Transit 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 1st day of December, 1920, on the verdict of a jury for SI,500, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1DissentGreenbaum, J.
Plaintiff does not claim that an employee of the defendant threw the bundle of papers which struck him, but concedes that it was thrown upon the platform by a carrier of the newspapers which were daily deposited on the various stations of the defendant railroad with the knowledge and sanction of the defendant.
The case was submitted to the jury upon the theory that the defendant owed a duty to the plaintiff as a passenger, who was lawfully on the platform awaiting an opportunity to board one of its trains, not only not to permit the person who had charge of the delivery of bundles of papers to…
Also in this document: Concurrence.
2Cases cited4 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Robinson v. . Consolidated Gas Co.New York Court of Appeals · 1909
- McNulty v. Ludwig & Co.Appellate Division of the Supreme Court of the State of New York · 1912
- D'Arcy v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903