Hoffkins v. Manhattan Railway Co. — 25 N.Y. St. Rep. 160

Majority

p. 160

Louisa C. Hoffkins, Resp’t, v. The Manhattan Railway Company, App’lt

(Supreme Court, General Term, Second Department,

Filed June 28, 1889.)

Headnote

Negligence—Railroads—Personal injuries—When verdict not disturbed.

The plaintiff was a passenger on defendant’s road. In attempting to leave the cars at a station, her dress caught and at the same time the train starting she was drawn down, her dress torn off, and her side injured. As a result she also suffered from nervousness and insomnia. There was no proof of any negligence on plaintiff’s part. She obtained a verdict for §750. Held, that the verdict should not he disturbed.

Appeal from a judgment entered upon the verdict of a jury and from an order denying a motion for a new trial.

Davies . & Bapallo, for app’lt; Cornelius E. Kene, for resp’t.

The plaintiff was a passenger upon the defendant’s road, and left the cars at Franklin Square station. As she took the second step upon the station platform she perceived her dress was caught, and at the same time the trian started and she was drawn down and her dress was torn off. Her side was injured and she suffered from nervousness and insomnia. The cause was tried at the circuit and the plaintiff recovered a verdict for $750.

There was sufficient proof to carry the cause to the jury upon the question of the negligence of the defendant’s servants and the charge of the trial judge was free from error.

There was neither proof nor evidence of any negligence on the part of the plaintiff and we find no merit in the appeal.

The judgment and order denying the motion for a new trial should be affirmed, with costs.

All concur.