Penna v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, entered in the City Court of the city of New York, upon the verdict of a jury; and also from an order denying defendant’s motion for a new trial.
1Opinion of the CourtScott, J.
The plaintiff’s testator was injured through a collision between an express wagon, in which he was riding, and a car belonging to defendant. There was sufficient evidence of the negligence of defendant’s servant. Plaintiff’s testator had nothing to do with the driving of the express wagon and was not sitting on the driver’s seat, but upon a trunk inside the wagon, which was covered, near the rear end. It did not appear that he was in a position to see the approaching car, or that he did see it. Under the facts as proven, the driver’s negligence, if there was any, is not imputable to…
2Cases cited2 opinions
- Brickell v. N. Y. C. & H. R. R. R. Co.New York Court of Appeals · 1890
- Waters v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903