13 Misc. 387 | New York City Court | 1895
The plaintiff, on the morning of March 24, 1893, attempted to get upon the front step of a closed trolley car operated by defendant. He had in his left hand
"We think that the plaintiff failed to make out a case against the company. He attempted to board the front step of a moving trolley car. In so doing he was bound to exercise the care of a reasonably prudent person, and more care was necessary than if he had waited to board the rear step, or for the car to stop. He was injured because he failed to take hold of the handrail on the body of the car with his left hand. Plaintiff testified: “ I grabbed the car with my right-hand first, and then I knowed that I had in my mind to strike the other rail with the left hand. I got hold of the handrail at the dashboard with my right hand, and I got a good hold of that, and I attempted to get hold of the handrail next the body of the car with my left hand ; and at that time on my left wrist was hanging this roll of rope and this ham
Judgment and order denying new trial reversed and new trial granted, costs to abide the event.
Van Wyok, J., concurs.
Judgment and order reversed and new trial granted, costs to abide event.