Belton v. . Baxter
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover for injuries sustained by plaintiff by coming in collision with defendants’ horse and cart upon Second avenue in the city of blew York, through the alleged negligence of defendants’ cartman. The facts sufficiently appear in the opinion. The question of negligence was one of law.
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Appeal from judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover for injuries sustained by plaintiff by coming in collision with defendants’ horse and cart upon Second avenue in the city of blew York, through the alleged negligence of defendants’ cartman. The facts sufficiently appear in the opinion. The question of negligence was one of law. (Barker v. Savage, 45 N. Y., 191; Gonzales v. N. Y. & H. R. R. Co., 38 id., 440; Steves v. O. & S. R. R. Co., 18 id., 422;…
1Opinion of the Court
There should be a new trial in this case, for the following reasons:
(1.) The plaintiff was guilty of negligence which certainly contributed to his injury, and this is apparent upon his own testimony. He wanted to cross Second avenue, on Fourth street where he resided. It was near evening, but still day-light, and he saw a Second avenue car coming just above Third street, and behind it a cart also coming. The car was moving pretty fast, and all this was plainly seen when he was between eleven or twelve yards from the curbstone in Second avenue. He hurried on a little, and made his…
2Cases cited1 opinion
- Barker v. . SavageNew York Court of Appeals · 1871
3Cited by26 opinions
- Wine v. JonesSupreme Court of Iowa · 1917
- Stringer v. FrostIndiana Supreme Court · 1889
- Belton v. . BaxterNew York Court of Appeals · 1874
- Bartlett v. MoatsSupreme Court of Florida · 1935
- De Lon v. Kokomo City Street Railway Co.Indiana Court of Appeals · 1899
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