New York Court of Appeals

Stephen D. Nolan, Respondent v. the Brooklyn City and Newtown Railroad Company, Appellant

November 22, 188187 N.Y. 63

Summary

The Court affirmed the judgment for the plaintiff, holding that riding on the front platform of a moving streetcar is not per se negligence absent the statutory notice required, and that the issue of the plaintiff's contributory negligence is a factual question for the jury.