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.