Bresky v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad Com-comp, 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' 27th day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of October, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J. :
¿¡On- July, 11, 189.6, the plaintiff, who was a dealer in glass, was, driving a wagon containing several large cases of glass from Baxter street across .the track of the defendant in Park row, to go through Roosevelt street, which is, in effect, a continuation of Baxter street. He stopped to let a downtown car pass, and then, looking up and down, saw an uptown car coming about a block below, and started .to cross .the track. There was evidence tending to prove that before his :back. wheels had crossed the uptown track his horse became frightened, stopped and commenced to balk…
2Cases cited6 opinions
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
- Hegan v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Huber v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Brozek v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Freeman v. Brooklyn Heights RailRoadAppellate Division of the Supreme Court of the State of New York · 1903