New York Court of Appeals

Thomas Clark, Respondent v. the Eighth Avenue R. R. Co., Appellant

January 5, 186736 N.Y. 135

Summary

The Court of Appeals affirmed the judgment, holding that the plaintiff was not negligent for standing on the front platform of the streetcar and that the railroad carrier owed a duty of great care, which it breached by failing to control a fractious horse and cart. The carrier was therefore liable for the plaintiff's injuries.