Carlson v. New York Rapid Transit Corp.

Appellate Division of the Supreme Court of New York

Carlson v. New York Rapid Transit Corp.

258 A.D. 1055, 17 N.Y.S.2d 746, 1940 N.Y. App. Div. LEXIS 8877

Appellate Division of the Supreme Court of the State of New York·Decided February 5, 1940·Published

Opinion

In an action for personal injuries, plaintiff has recovered judgment on the theory that while entering a subway train the door closed upon his arm and leg and the train proceeded while his coat was fastened between the door and the center post, causing him to fall against a pillar. 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., Hagarty, Johnston, Taylor and Close, JJ., concur.

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In an action for personal injuries, plaintiff has recovered judgment on the theory that while entering a subway train the door closed upon his arm and leg and the train proceeded while his coat was fastened between the door and the center post, causing him to fall against a pillar. 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., Hagarty, Johnston, Taylor and Close, JJ., concur.

Carlson v. New York Rapid Transit Corp., 258 A.D. 1055, 17 N.Y.S.2d 746, 1940 N.Y. App. Div. LEXIS 8877 (N.Y. Ct. App. 1940).

Pincite

258 A.D. 1055 (Carlson v. New York Rapid Transit Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.