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City of New York Municipal Court, 1900

Brady v. Metropolitan Street Railway Co.

Brady v. Metropolitan Street Railway Co.
City of New York Municipal Court · Decided December 15, 1900 · Schuchman
33 Misc. 793

Counsel

Henry A. Bobinson (John T. Little, Jr., of counsel), for appellant., Logan, Demond & Harby (M. E. Harby and Arthur Wopp, of counsel), for respondent.

Brady v. Metropolitan Street Railway Co.

Opinion of the Court

Schuchman, J.

The only point urged by appellant to effect a reversal of the judgment is, that the court erred in charging “ That if, while the passenger is getting off the car, the jury find that the car is started suddenly so as to produce a jerking motion, it is in itself an act of carelessness and negligence.”

This was not error. Bennett v. Third Ave. R. R. Co., 40 App. Div. 626; Roberts v. Johnson, 58 N. Y. 613; Schalscha v. Third Ave. R. R. Co., 19 Misc. Rep. 141.

Judgment and order appealed from affirmed, with costs.

McCarthy, J., concurs.

Judgment and order affirmed, with costs.

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