Mapes v. Union Railroad
Appellate Division of the Supreme Court of the State of New York
.Appeal from trial term, Orange county. .Action by Gilbert E. Mapes against Union Railroad Company of ¡New York City. From a judgment dismissing his complaint, plaintiff appeals.
1Opinion of the CourtGoodrich, P. J.
The plaintiff was driving a milk wagon along the Southern Boulevard in New York City, at 5 o’clock in the morning of November 2, 1898, when he was struck by a car of the defendant, and received serious injuries. The boulevard at the place of the -accident runs from southwest to northeast, is paved, and about 60 feet wide, and the defendant’s road is in the middle. The wagon was covered and inclosed except for the front and two doors on the aides. The plaintiff was just to the rear of the two doors, and had milk cans piled up before and behind him. There was a lantern inside the wagon, but no…
Also in this document: Concurrence.
2Cases cited16 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Weitzman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
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3Cited by3 opinions
- Indianapolis Street Railway Co. v. SchmidtIndiana Court of Appeals · 1904
- Indianapolis Street Railway Co. v. BolinIndiana Court of Appeals · 1906
- Gefner v. Lefkowitz & Sons, Inc.Appellate Terms of the Supreme Court of New York · 1916