Bertsch v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway 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 25th day of June, 1901, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 22d day of July, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The evidence which the jury in this case appears to have accepted as giving a true statement of the accident in which the plaintiff sustained serious injuries and which is sufficient to support the judgment, indicates that on the 19th day of November, 1899, the plaintiff was driving a wagon westerly along Waverly place, which crosses Sixth avenue in the borough of Manhattan at right angles, intending to cross the said avenue. Before reaching the tracks* of the defendant, which operates two lines of rails upon Sixth avenue, the plaintiff looked in both directions and saw a car…
2Cases cited1 opinion
- Mowbray v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914