Levine v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Railways Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of February, 1917, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearn, J.:
While crossing Broadway from west to east in the middle of the block between Broome and Spring streets, the decedent, a man forty-three years of age, was caught between the sides of two of defendant’s cars as they passed one another in opposite directions and was crushed to death. The complaint alleged that the cars were negligently operated and also that the defendant had created and maintained a public nuisance at the place in question because the cars were so wide that the space between them when they were passing each other in opposite directions was insufficient to enable…
2Cases cited8 opinions
- Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
- Clifford v. . DamNew York Court of Appeals · 1880
- Miller v. Mayor of New YorkSupreme Court of the United States · 1883
- Stern v. International Railway Co.New York Court of Appeals · 1917
- McNulty v. Ludwig & Co.Appellate Division of the Supreme Court of the State of New York · 1912
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