Hergert v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
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 of the clerk of the county of New York on the 2-2d day of January, 1897, upon the verdict óf a jury, and also from an order entered in said clerk’s office on the 20th day .of January, 1897, denying the defendant’s, motion for a new trial made upon the minutes. ,
1Opinion of the Court
Rumsey, J. :
The action is brought to recover damages for injuries which the plaintiff alleges he sustained on account of the negligence of the defendant. The road of the defendant is located upon Third avenue. It was made to appear that, on tlie 3d day of July,-1894, at -about half-past six .o’clock in the morning, the plaintiff was about *219to cross Third avenue at One Hundred and Sixty-ninth street. As he approached the up-town track of the defendant’s road, he looked to see if it was safe for him to cross, and seeing, about 150 or 175 feet away, a car of the defendant’s coming towards him…
2Cases cited3 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- O'Neil v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1891
3Cited by14 opinions
- Keefe v. . LeeNew York Court of Appeals · 1909
- Cibulski v. HuttonAppellate Division of the Supreme Court of the State of New York · 1900
- Johnson v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Kappus v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Piltz v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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