Copeland v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Johanna M. Copeland against the Metropolitan Street Railway Company. From a judgment dismissing the complaint, plaintiff appeals.
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Appeal from trial term, New York county. Action by Johanna M. Copeland against the Metropolitan Street Railway Company. From a judgment dismissing the complaint, plaintiff appeals. The action was brought to recover for personal injuries sustained by the plaintiff, who was struck by a north-bound Eighth avenue car at the north crossing of Ninety-Ninth street on the afternoon of September 11, 1898. while she was attempting to pass in front of it in order to get aboard; her son having previously signaled for the car to stop. The plaintiff testified that she left her house that day with her son…
1Opinion of the CourtO’Brien, J.
It may be assumed, in view-of the reason assigned for dismissing the complaint, that the defendant’s counsel was impressed with the fact that a prima facie case had been made out,, bearing upon the defendant’s negligence. Whether he was or not, however, we think, from the evidence presented, that the motorman should have seen the plaintiff, who was in full view, endeavoring to cross the avenue to enable her to be in a position to take the car,, and that it was incumbent upon him either to slow down to avoid an accident, or else to give her some warning of his intention to proceed with…
2Cited by4 opinions
- Spiking v. Consolidated Ry. & Power Co.Utah Supreme Court · 1908
- Saylor v. Union Traction Co.Indiana Court of Appeals · 1907
- San Antonio Traction Co. v. LevysonCourt of Appeals of Texas · 1908
- Copeland v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903