Walsh v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brooklyn, Queens County and Suburban Bailroad Company, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in •the office of the clerk of said county on the 13th day of October, 1914, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 16th day of October, 1914, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Brooklyn, Queens County and Suburban Bailroad Company, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in •the office of the clerk of said county on the 13th day of October, 1914, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 16th day of October, 1914, denying defendant’s motion for a new trial made upon the minutes. Since the commencement of the action plaintiff has been confined as an incompetent person and a committee was appointed to proceed with the action.
1Per curiam
We think that the plaintiff did not- sustain the burden ás to his contributory negligence. He was a man fifty-seven years of age, who was struck by the defendant’s street surface railway car during an attempt to cross the tracks in a city street. The plaintiff’s testimony is that as he stood on the curb he saw the car distant 100 feet and approaching very fast. The first rail of the tracks was 21 feet from that curb. The plaintiff stepped down to attempt the crossing. When he reached that first rail he turned to see the car, then about 35 feet away. * There had been no change in its speed. He…
2Cases cited3 opinions
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Thompson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Greene v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- McGuire v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919