Neubauer v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Nassau Electric Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of May, 1919, upon the verdict of a jury for $5,000.
1Opinion of the Court
Mills, J.:
The action was brought to recover damages for personal injuries which the plaintiff claimed to have sustained through the negligence of the defendant, in consequence of which one of the defendant’s cars collided with an automobile truck driven by plaintiff, at or near the intersection of Avenue J with Ocean avenue, in the borough of Brooklyn, on the 25th of March, 1918.
The main contention of the appellant here is that ‘the plaintiff was guilty of contributory negligence in not looking again before he attempted to cross the tracks; when some fifty feet below that point he had looked…
2Cases cited3 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Biggers v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Power v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913