Waddy v. Brooklyn Heights Railroad
Cases that cite this one
1 later published case cites this decision.
- Harris v. Manhattan & Bronx Surface Transit Operating Authority (Appellate Division of the Supreme Court of New York 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff states his belief that there was a car ahead of the one in which he was riding when he went on the front platform. The evidence is that such was not the case. As a person experienced by long use of cars- entering upon the loop and stopping, he knew that the car was passing around the loop to reach its stopping- place, but that it had not come to such a point, and he also knew- that the conductor’s call “All off” meant that he should'alight when'the car stopped. Experience also should have taught him that a car passing around such a loop often decreases and accelerates its speed with resultant disturbance to the equilibrium of standing
The judgment and order should he reversed and a new trial granted, costs to abide-the event.
Jenks, P. J., Hirschberg) Thomas, Oarr and Rich, JJ., concurred.
Judgment and order reversed and new trial granted, costs to abide the event.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.