Casper v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Dry Dock, East Broadway and Battery Railroad Company, from a judgment of th¿ Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1897, upon the verdict of a jury, and also from an order bearing date the 26th day of March, 1897, as amended by an order entered in said clerk’s office on the 17th day of June, 1897, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, The Dry Dock, East Broadway and Battery Railroad Company, from a judgment of th¿ Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1897, upon the verdict of a jury, and also from an order bearing date the 26th day of March, 1897, as amended by an order entered in said clerk’s office on the 17th day of June, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This, action was brought to recover damages for injuries sustained by ..the plaintiff in crossing the track of the defendant’s road at the corner of Lispenard street and Broadway, in the city of Hew York, about twelve o’clock on February 2, 1895. The plaintiff’s account of the cause of the accident is that he was walking on the westerly side -of Broadway towards Canal street, about noon or a little after, on the 2d of February, 1895; that as he was crossing Lispenard street oil the crosswalk, he had passed the southern rail of the track of the defendant company, and as he passed…
2Cases cited3 opinions
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Worster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Schild v. Central Park, North & East River RailroadNew York Court of Appeals · 1892
3Cited by3 opinions
- Powers v. Village of MechanicvilleAppellate Division of the Supreme Court of the State of New York · 1914
- Casper v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Kelly v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1898