Legal Opinion

Rosenblatt v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 2 opinions

Appeal by the defendant, The Brooklyn Heights- Railroad Company, from a judgment- of the County- Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of October, 1897, upon the verdict of a jury for $1,300; and also from an order entered in said clerk’s office on the 27th day of October, 1897, denying' the defendant’s- motion for a new trial made upon -the minutes. " .

1Opinion of the Court

Woodward, J.:

This action was for damages for personal injuries sustained by the plaintiff in a collision between one of the cars of the defendant company and a wagon of which the plaintiff was the driver. ■ It appears from the evidence that, on the 4th day of November, 1895, the 'plaintiff was engaged in delivering certain goods tó the customers of the Fleisclimann Yeast Company, in the city-of Brooklyn, and while on Harrison avenue, between Wallabout and Gerry streets, he undertook to drive across the street in front of an approaching car, and in the collision which followed he was thrown…

2Cases cited3 opinions

  1. McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
  2. Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
  3. Huber v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by2 opinions

  1. McFarland v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1899
  2. Lawson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899

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