Hyperlawhypertext legal database O'Neil v. New York & Q. C. Railroad 106 N.Y.S. 128

← Cases

O'Neil v. New York & Q. C. Railroad

106 N.Y.S. 128 Court N.Y. App. Div. Decision date 1907-10-04 English

Delivered by GAYNOR, J.

Contents

Majority

p. 128
(121 App. Div. 487.)
O’NEIL v. NEW YORK & Q. C. RY. CO.
(Supreme Court, Appellate Division, Second Department.
October 4, 1907.)

Headnote

Carriers—Carriage of Passengers—Actions fob Personal Injuries—Instructions—Absolute Duty to Carry Safely.
In an action against a street railway company for injuries to a passenger, it was error to charge that the company was bound to carry plaintiff safely.
. [Ed. Note.—For cases in point, see Cent. Dig. vol. 9, Carriers, §§ 1085-1106.]
Appeal from Municipal Court.
Action by Margaret O’Neil against the New York & Queens County Railway Company. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
Argued before WOODWARD, JENKS, HOOKER, RICH, and GAYNOR, JJ.
Van Vechten Veeder and Nathaniel S. Corwin, for appellant.
M. P. O’Connor and Geo. F. Hickey, for respondent.

The plaintiff was hurt by the negligence of the defendant while it was carrying her as a passenger in its street car, as it is claimed. The trial justice persisted in charging the jury that the company was bound to carry her- safely.

The judgment should be, reversed.

Judgment of the Municipal Court reversed, and new trial ordered ; costs to abide the event. All concur.