Solomon v. Third Avenue Railroad

Appellate Terms of the Supreme Court of New York

Solomon v. Third Avenue Railroad

35 Misc. 827, 72 N.Y.S. 1129

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 827 (Solomon v. Third Avenue Railroad) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Solomon v. Third Avenue Railroad, 35 Misc. 827, 72 N.Y.S. 1129 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

The testimony of the plaintiff and his one witness was sufficient to make a prima facie case, and the case should, therefore, have been heard on the merits. The evidence tends to show that the ear stopped on plaintiff’s signal, and was started again without affording a reasonable opportunity for him to board it.

•Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Per Curiam.

The testimony of the plaintiff and his one witness was sufficient to make a prima facie case, and the case should, therefore, have been heard on the merits. The evidence tends to show that the ear stopped on plaintiff’s signal, and was started again without affording a reasonable opportunity for him to board it.

•Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Bluebook (online)

35 Misc. 827, 72 N.Y.S. 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-third-avenue-railroad-nyappterm-1901.