Ashley v. Joline
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Charlotte Ashley against Adrian H. Joline and another, as receivers of the Metropolitan Street Railway Company. From a judgment for plaintiff, defendants appeal.
1DissentGavegan, J.
I am unable to hold that the plaintiff was guilty of contributory negligence as a matter of law in this case. It appears from the evidence that the plaintiff, when at the curb, looked south and saw that the north-bound car was nearly a block away. She had a right to assume that it was under control, and would be operated with due regard to her rights. The evidence being that no bell was rung or other warning given by the motorman, the jury must have found the defendant negligent, which goes far towards acquitting the plaintiff of neglect. The south-bound car being near Sixty-First street,…
2Cases cited1 opinion
- Frank v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901