Legal Opinion

McFarland v. Third Avenue Railroad

Appellate Terms of the Supreme Court of New York

Decided October 15, 1899PublishedCited by 1 opinion

Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court, first district, borough of Manhattan.

1Opinion of the CourtFebedmak, P. J.

The plaintiff brought this action and obtained a judgment for damages to his wagon, sustained in a collision with a car of the defendant, caused by the alleged negligence of the defendant’s servants.

The only evidence to support the contention of the plaintiff is that of himself and one Thomas Lally, who was riding with him' at the time the accident occurred.

Their testimony fails to show any negligence on the part of the defendant.

About 11:30 p. m., on June 4, 1898, the plaintiff and his companion were driving down Third avenue, on the east side, and when a short distance below Twenty-fourth…

2Cases cited2 opinions

  1. Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
  2. Rosenblatt v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. Devine v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1899

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