Graham v. Manhattan Railway Co.

New York Court of Common Pleas

Graham v. Manhattan Railway Co.

28 N.Y.S. 739, 8 Misc. 305, 59 N.Y. St. Rep. 279

DecidedMay 17, 1894

StatusPublished

This text of 28 N.Y.S. 739 (Graham v. Manhattan Railway Co.) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Graham v. Manhattan Railway Co., 28 N.Y.S. 739, 8 Misc. 305, 59 N.Y. St. Rep. 279 (N.Y. Super. Ct. 1894).

Pincite

Opinion

BOOKSTAVER, J.

We think, on the other hand, it was the plain and manifest duty of the appellant, when he found how dangerous the condition of the platform was, and had reached a place of safety on the Fifty-Third street platform, to wait for the next train, and not put himself where the gates of the car platform could not be shut, or have voluntarily gone upon a platform which he knew was dangerous, and by so doing took the risk which resulted in the injuries received by him. The judgment should be affirmed, with costs. All concur.

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BOOKSTAVER, J.

We think, on the other hand, it was the plain and manifest duty of the appellant, when he found how dangerous the condition of the platform was, and had reached a place of safety on the Fifty-Third street platform, to wait for the next train, and not put himself where the gates of the car platform could not be shut, or have voluntarily gone upon a platform which he knew was dangerous, and by so doing took the risk which resulted in the injuries received by him. The judgment should be affirmed, with costs. All concur.

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Bluebook (online)

28 N.Y.S. 739, 8 Misc. 305, 59 N.Y. St. Rep. 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-manhattan-railway-co-nyctcompl-1894.