Estate of Frederick Buse, Inc. v. Linch
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by the Estate of Frederick Buse, Incorporated, against George W. Finch, as receiver of the Second Avenue Railroad Company. From a judgment for plaintiff, defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtPage, J.
The action was brought to recover damage for injuries to a pair of horses and a truck belonging to plaintiff, sustained through a collision with a trolley car operated by the defendant. The truck, heavily loaded, was standing on the east side of Second avenue, facing north, and the driver started his team and swung them around, crossing the tracks a short distance south of Sixty-First street. He saw the car approaching rapidly when he started to cross the north-bound tracks and held up his hand. The car, according to the driver’s testi-. mony, was then in the middle of the block between…
2Cases cited1 opinion
- Lopes v. LinchAppellate Division of the Supreme Court of the State of New York · 1915