Huber v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nassau Electric 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 26th day of January, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of February, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This action is brought to recover damages for injuries to the person and property, sustained in a collision between the plaintiff’s vehicle and the defendant’s car. The accident occurred at night. The plaintiff was crossing the defendant’s track in the line of an intersecting street. At such an intersection the defendant’s car had no paramount right of way. (Buhrens v. Dry Dock, etc., R. R. Co.,. 53 Hun, 571; affd. by Court of Appeals, 125 N. Y. 702; Bresky v. Third Avenue R. R. Co., 16 App. Div. 83.) The case was one for the jury, and the motion to dismiss the complaint was…
2Cases cited3 opinions
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- Daniels v. Staten Island Rapid Transit Co.New York Court of Appeals · 1891
- Bresky v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Burian v. Seattle Electric Co.Washington Supreme Court · 1901
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Estate of SchaeferNew York Surrogate's Court · 1920
- Rosenblatt v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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