130 N.Y. 166 | NY | 1891
The personal injury to the plaintiff resulted from his attempt to get on the defendant’s car. And the questions presented are whether the conclusion was warranted from the evidence that the injury was occasioned by the negligence of the defendant, and that it was not attributable to any negligence on the part of the plaintiff. It appears that he signalled Ms purpose to take the car, the brake was applied,
The fact that the plaintiff with accelerating speed was dragged as, and the distance, he was, until the car -was stopped to relieve him, was a circumstance tending to prove that the attention due to persons who are properly proceeding to get on a street car may not have been given to the plaintiff in this instance. There is, however, some evidence tending to prove, or which permitted the inference that the embarrassing position of the plaintiff was prolonged by the failure of the conductor to make the driver understand the signal he intended to give him to stop the car.
In view of the facts in Hayes v. Forty-second Street, etc. R. R. Co. (97 N. Y. 259), and those which the jury were permitted to find in the present case, that case has not necessarily any essential application to this one. Bor does it in legal effect qualify the doctrine of the Eppendorf case, to which it makes no reference-. Bo other question requires consideration.
The judgment should be affirmed.
All concur.
Judgment affirmed.