Naylor v. Erie Railroad

Appellate Division of the Supreme Court of New York

Naylor v. Erie Railroad

246 A.D. 548

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1935·Published

Opinion

Plaintiff, a passenger on defendant’s train, was injured when the window next to her seat suddenly broke and fell on her. She had noticed that the window was loose and rattled; and the break came when there was a sudden lurch of the train. Defendant made no sufficient explanation. The question of fact of defendant’s negligence was submitted to the jury, which found a small verdict for plaintiff. Judgment unanimously affirmed, with costs. No opinion. Present — Young, Hagarty, Carswell, Davis and Johnston, JJ. [155 Misc. 573.]

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Plaintiff, a passenger on defendant’s train, was injured when the window next to her seat suddenly broke and fell on her. She had noticed that the window was loose and rattled; and the break came when there was a sudden lurch of the train. Defendant made no sufficient explanation. The question of fact of defendant’s negligence was submitted to the jury, which found a small verdict for plaintiff. Judgment unanimously affirmed, with costs. No opinion. Present — Young, Hagarty, Carswell, Davis and Johnston, JJ. [155 Misc. 573.]

Naylor v. Erie Railroad, 246 A.D. 548 (N.Y. Ct. App. 1935).

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Opinion

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