Carlson v. New York Rapid Transit Corp.

Appellate Division of the Supreme Court of New York

Carlson v. New York Rapid Transit Corp.

256 A.D. 1073, 11 N.Y.S.2d 8, 1939 N.Y. App. Div. LEXIS 6186

Appellate Division of the Supreme Court of the State of New York·Decided April 3, 1939·Published

Opinion

In an action for personal injuries the plaintiff has recovered a judgment on the theory that a door of a subway train closed when he was partly within the car, catching his leg and arm and part of his clothing. He freed his leg and arm but was dragged by his clothing and injured. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event. In our opinion the verdict is against the weight of the credible evidence. Lazansky, P. J.s Carswell, Adel, Taylor and Close, JJ., concur.

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In an action for personal injuries the plaintiff has recovered a judgment on the theory that a door of a subway train closed when he was partly within the car, catching his leg and arm and part of his clothing. He freed his leg and arm but was dragged by his clothing and injured. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event. In our opinion the verdict is against the weight of the credible evidence. Lazansky, P. J.s Carswell, Adel, Taylor and Close, JJ., concur.

Carlson v. New York Rapid Transit Corp., 256 A.D. 1073, 11 N.Y.S.2d 8, 1939 N.Y. App. Div. LEXIS 6186 (N.Y. Ct. App. 1939).

Pincite

256 A.D. 1073 (Carlson v. New York Rapid Transit Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.