Schmidt v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by. the defendant, the Interurban Street Railway Company, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 26th day of December, 1902, after a trial before the court without a jury.
1Opinion of the Court
IEIibsohberg, J.:
The plaintiff has recovered judgment, for damages because of personal injuries sustained as the result of a collision between one of defendant’s cars and an ice wagon which he was driving. He failed, however, to make out his cause of action, inasmuch as no proof was made of the absence of contributory negligence.
The accident occurred at thé corner of Battery place and Greenwich street in daylight. The plaintiff was on his way from South Ferry to Washington street, and was driving westerly along Battery place north of the railroad tracks. When he arrived at Greenwich street it…
2Cited by1 opinion
- Curry v. Empire Life InsuranceNew York Supreme Court · 1905