Gumb v. Twenty-Third Street Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of "the Superior Court of the city of Rew York, entered upon an order made July 2, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a-motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of "the Superior Court of the city of Rew York, entered upon an order made July 2, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a-motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. The court erred in refusing to charge that it was the plaintiff’s duty to take care not to impede or interfere with the car, and, inasmuch as the defendant’s cars are for public use, their right to run upon the street at the particular time and place they are…
1Opinion of the Court
Follett, Ch. J.
At the intersection of Sixth avenue and. Twenty-third street the tracks of the defendant and of the Sixth Avenue Railroad cross each other nearly at right angles. On February 12, 1883, a Sixth avenue car was moving north on the east track of that line, closely followed (from Carmine-street vto Twenty-third street) by a butcher’s wagon, with its wheels on the rails, drawn by one horse, driven by the plaintiff, who owned horse and wagon. This car stopped to receive and discharge passengers at the north crosswalk of Twenty-third street. The plaintiff stopped his horse immediately…
2Cases cited1 opinion
- Whitney v. HitchcockNew York Supreme Court · 1847
3Cited by51 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Torgeson v. HanfordWashington Supreme Court · 1914
- Carnego v. Crescent Coal Co.Supreme Court of Iowa · 1914
- Parilli v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1932
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