Geyer v. International Railway Co.

Headnote

Negligence — railroads — passenger on street surface car injured through, collision between car and motor truck.

Geyer v. International Ry. Co., 210 App. Div. 574 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 12, 1924, unanimously affirming a judgment in favor of plaintiff entered upon, a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants, in • consequence of a collision between one of defendant railway’s street cars on which plaintiff was riding south on Main street in the city of Buffalo, and a truck owned and operated by defendant Turner. As the car approached Ferry street, the plaintiff, who had paid his fare and obtained his transfer,, gave the usual stopping signal and proceeded to the rear platform in readiness to alight when the gar should stop. As the car reached the stopping place the plaintiff stood with his right foot on the car step and his left on the platform, grasping an iron upright, which extended upwards from the car platform, with his hand. The car did not stop at the usual stopping place but proceeded around the curve into Ferry street. When it had so far completed the turn so that the front end was about even with the east curb line extended on Main street, and the rear end of the car was even with the easterly rail of the south-bound track on Main street the trolley suddenly stopped and the truck of the defendant Turner, which was proceeding north on Main street, and had turned west to go behind the trolley car, struck the rear step and platform of the street car, pinning the plaintiff’s left leg between the fender of the truck and the car platform.