The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-23
OUR CITY CARS.
The Right or Passengers 70 Get On or
On-Important Decision OF Judge no

nell. lm 1.a
SUPERIOR COURT, TRIAL TERn--PART 2.
Before Judge Mcneil
James Cupen The Ninth Avenue Rai1,oad C'm-
pcny-Another against one Of our city railroads
alleged negligence OF employees turned up yesterday
before Judge Mcneil and brought to light new feature
Of the law applicable to these large metropolitan
monopoles. The suit was one for damages in conse
quence OF injuries sustained by young lad in getting
Off Ninth Avenue Railroad while in motion. The
PLAINTIFF James Cullen, about sixteen years Of age, took
passage No "a the 9Th Of April last, and
pied position on the roof. When nearing Worth
street Cullen notified the conductor to stop the car
for the purpose OF allowing him to aght But accord
ing to the complaint the conductor only sackened tho
rate Of speed somewhat instead of coming stand s
in duty bound Cullen called again on the conductor
to stop the car but falling the request he dropped off
the platform and fell the car passing over his right foot
and causing very severe and dangerous injuries which
laid him up in hospital for some months, and has
dered the use Oh. crutch Indispensable ever since.
The answer Of the defendant to this complaint y
general denial of all tho material allegations as to neg
geDce &c t1aH fH0.srf rn a4 aN.
trial yesterday the testimony was taken pretty
fully on the part OF the plaintiff and on tho close OF the
affirmative, Mr. John w. Ashmcad counsel for de-
fendant moved TO dismiss the action for several
He sad appeared in the first plac,, that the plaintiff
had not en- free from negligence and therefore could
not sustain case according to tho well settled ajhdica
tons of the Court OF Appeals In tho second place. the
plaintiff according to the evidence had Jumped OF the
before 1t had reached the lower crossing where by
law tho Obliged to stop on the downward trips
For this reason the action could not be sustained and the
Court should dismiss the complaint with costs pas
senger, he contended had right get on tho
car while IL was in motion.
Mr. Peter Y Cutler counsel for the plaintiff opposed
the notion and argued strenuousy that his client had
not been guilty Of any negligence OF which law could
fake cogni2ance. The defendants the other hand,
had committed neg gence by stopping the
when requested by the plaintiff. s.r
JUDGE Mcneil that the we'll settled rule In Of
this kind that parties seeking damages for
accustomed by the neglect Of others shoud be able to
prove that they themselves free from blame and
had not contributed 70 occasion the accidents In the
case OF Cullen appeared that he bad not been
full as he should have been From the evidence IL
established that he had got or the before stopped
and between the upper and lower crossinSs An ordi
OF the Common Council compelled the City 70
stop ut the upper crossings going up and at the lower
crossings coming down. Tho plaintiff must be presumed
To have known of this regulation; for tho law
assumes that everybody Is acquainted with
public law Under these circumstances, then, the Court
with regret WIS compelled 10 decide that the case must
DC arrested at ts present and the complaint dis
missed, AZ 70 the statement made by defendants
counsel that parties had ght get oro while
in motion, he Judge MonciD desired say something
He agreed with the council that parties had right
get while In motion but he dlssented from the
further view Of the law the right Of passengers
to get OIL while In motion concerned Should
| case come up before him presenting the point
FOR his judicial action he prepared TO hold
that passengers had perfect right to get on cars
while In notion provided they gave the proper notice To
conductors to stop the cars and that the latter failed
do as requested ut the proper time and place With the
limitations prescribed by the ordinance regulating the
soppags upper aud lower crossings the copduo OF
cars had no right 10 carry passengers beyond where
right TO jrmp of In such cases. and the railroad corpora
tons were responsible for the consequences iegmaioy
flowing from accidents occsoned by the elect OF
ductors and drivers in such cases