Brozek v. Steinway Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Barbara Brozek, as administratrix of Alois Brozek, deceased, against the Steinway Railway Company of Long Island City. From a judgment for plaintiff:, and from an order denying a neiv trial, defendant appeals.
1Opinion of the CourtWillard Bartlett, J.
The facts of this case are sufficiently stated in the opinion delivered upon the first appeal Brozek v. Railway Co., 10 App. Div. 360, 41 N. Y. Supp. 1017. The case has been tried anew in accordance with the rules of law laid down in that opinion, and we find no reason to disturb the verdict. It is argued that our previous decision was based upon the erroneous, assumption that the accident happened at a street crossing, whereas the fact is that the street into which the plaintiff’s intestate was trying to drive was not a continuation of any street on the opposite side of Jackson avenue. We…
2Cases cited3 opinions
- Brozek v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Meyer v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Bresky v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897