Legal Opinion

Geisendorfer v. Union Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1908Published

Appeal by the defendant, the Union Railway Company of. New York City, from a judgment of the Supreme Court in favor of the plaintiff, entered in the- office o.f the clerk of the "county of New York on the 1st day of July, 1907, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the lltli day of July, 1907, denying the defendant’s motion for anew trial made-upon the minutes. . •

1Opinion of the Court

Laughlin,, J,:

This action is brought- to recover damages- for personal injuries received by the plaintiff in a collision between a north-bound car of the defendant on Webster avenue and a sprinkling cart On which the plaintiff was riding at about two o’clock in the afternoon on the '27th day of August, 1905. It was a doubling sprinkling cart and the plaintiff was driving. He was passing out of One .Hundred and Eighty-third street westerly into Webster avenue, intending to turn southerly on that avenue. It appears by his own testimony that he came down a descending grade and did not look for…

2Cases cited2 opinions

  1. Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  2. Brooks v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906

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