Reynolds v. Larchmont Horse Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James L. Reynolds, from a judgment of the County Court of Westchester county in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 21st day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Westchester County Court.
1Opinion of the Court
Hirschberg, J.:
The authorities are so numerous and so uniform in support of the action of the learned County Court in dismissing this complaint that citation is needless. The action is for injuries to property *190caused by defendant’s alleged negligence in overtaking and running into the plaintiff’s horse and wagon while the latter were being driven upon the railroad track by the plaintiff’s servant. The driver was chargeable with contributory negligence as matter of law, inasmuch as no evidence was given establishing the contrary. The driver testified as follows: “ I had been driving on the…
2Cited by3 opinions
- Belford v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Belford v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Sauer v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904