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Law v. New York City Railway Co.

96 N.Y.S. 1019 Court N.Y. App. Term Decision date 1905-12-21 English

Delivered by BISCHOFF, J.

Contents

Majority

p. 1019
LAW v. NEW YORK CITY RY. CO.
(Supreme Court, Appellate Term.
December 21, 1905.)

Headnote

Carriers—Street Railways—Injuries to Passenger—Contributory Negligence.
A passenger, injured while attempting to leave a moving car under circumstances affording no notice to the railway company that he had placed himself in a position to be injured by an increase in the speed of the caí-, cannot recover for injuries so received.
fEd. Note.—For cases in point, see vol. 9, Cent. Dig. Carriers, §§ 1224, 122G.]
Appeal from Municipal Court, Borough of Manhattan, Seventh District.
Action by William Law against the New York City Railway Company. Judgment for defendant, and plaintiff appeals.
Affirmed.
Argued before SCOTT, P. J., and BISCHOFF and MacLEAN, JJ.
Robert D. Ireland and Henry W. Freeman, for appellant.
William E. Weaver, for respondent.

There is nothing in this record to suggest that the justice found the facts in accordance with the plaintiff’s testimony and decided the case adversely to him on the ground that he had not paid his fare, as argued for the appellant. The decision, as we are to assume, proceeded upon the trial court’s estimate of the credibility of the witnesses, and the preponderance was by no means necessarily with the plaintiff. Crediting the evidence for the defendant, the accident was caused by the plaintiff’s attempt to leave a moving car under circumstances which afforded no notice to the defendant that he had placed himself in a position to be injured by an increase in the speed of the. car. Upon this state of facts, as found, there was no negligence on the part of the defendant, and the judgment is unassailable.

Judgment affirmed, with costs. All concur.