Murray v. International Railway Co.

Appellate Division of the Supreme Court of New York

Murray v. International Railway Co.

233 A.D. 262, 251 N.Y.S. 320, 1931 N.Y. App. Div. LEXIS 11253

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1931

StatusPublished

This text of 233 A.D. 262 (Murray v. International Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Murray v. International Railway Co., 233 A.D. 262, 251 N.Y.S. 320, 1931 N.Y. App. Div. LEXIS 11253 (N.Y. Ct. App. 1931).

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Opinion

Per Curiam.

The plaintiff Edna C. Murray, while a passenger in a street railway car of the defendant, received an injury to her elbow by the fall of a window, she having her arm at the time resting upon its sill. When she entered the car she seated herself at a window already open, and the window itself fell after the car had proceeded some distance. She testified that when she took her seat, the window was already “ open to the full extent.” The record is devoid of proof as to how the window was constructed, or with what fasteners it was supplied. The plaintiffs rely entirely upon the single phrase in the plaintiff’s testimony given above. In our opinion this phrase is too indefinite and uncertain to show that the window was latched when the plaintiff took her seat. There is, therefore, a failure to show any defect either directly or circumstantially. (See Strembel v. Brooklyn Heights R. R. Co., 110 App. Div. 23; Boice v. Ulster & Delaware R. R. Co., 120 id. 643.)

The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event.

All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event.

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Per Curiam.

The plaintiff Edna C. Murray, while a passenger in a street railway car of the defendant, received an injury to her elbow by the fall of a window, she having her arm at the time resting upon its sill. When she entered the car she seated herself at a window already open, and the window itself fell after the car had proceeded some distance. She testified that when she took her seat, the window was already “ open to the full extent.” The record is devoid of proof as to how the window was constructed, or with what fasteners it was supplied. The plaintiffs rely entirely upon the single phrase in the plaintiff’s testimony given above. In our opinion this phrase is too indefinite and uncertain to show that the window was latched when the plaintiff took her seat. There is, therefore, a failure to show any defect either directly or circumstantially. (See Strembel v. Brooklyn Heights R. R. Co., 110 App. Div. 23; Boice v. Ulster & Delaware R. R. Co., 120 id. 643.)

The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event.

All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event.

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Bluebook (online)

233 A.D. 262, 251 N.Y.S. 320, 1931 N.Y. App. Div. LEXIS 11253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-international-railway-co-nyappdiv-1931.

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