Legal Opinion

Johnson v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 10 opinions

Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 22d day of April, 1898, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the 13th day of May, 1.898, denying the defendant’s motion for a new trial made upon the minutes. »

1Opinion of the Court

Woodward, J.:

The plaintiff in this action was employed as a driver on a market wagon. On the 8th day of January, 1897, he_ was returning to the home of his employer in the town of Newtown, Queens county, and was passing over Corona avenue, through which the double-track street surface railroad of the defendant company is operated, by means of electricity, using the overhead trolley system. Between the *272hours of seven and eight o’clock in the evening the plaintiff, accepting his testimony, entered upon the tracks of the defendant company and drove along the right-hand track a distance of a mile…

2Cases cited5 opinions

  1. Weston v. . City of TroyNew York Court of Appeals · 1893
  2. Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
  3. Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
  4. Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  5. Caven v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by10 opinions

  1. Schilling v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
  2. Quinn v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  3. Black v. Staten Island Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  4. Seifter v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  5. Cohen v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901

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