Schiffmacher v. Brooklyn Heights Railroad
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Brooklyn, First District. Action by John F. Schiffmacher against the Brooklyn Heights Railroad Company. From a judgment dismissing the complaint on the merits, plaintiff appeals. Reversed, and new trial granted.
1Per curiam
The learned trial court accorded to the defendant’s car, as a matter of law, the paramount right of way while coming to and in passing the street on which plaintiff’s automobile was being operated and was approaching the defendant’s tracks to cross the same. That street ran to, but did not cross, the street on which the cars of the defendant were operated. The ruling of the trial court followed the law of this department. Hewlett v. Brooklyn Heights R. R. Co., 63 App. Div. 423, 71 N. Y. Supp. 531; Rutz v. N. Y. City Ry. Co., 107 App. Div. 568, 95 N. Y. Supp. 345. Since the trial, the Court of…
2Cases cited3 opinions
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Moore v. . Rochester Railway Co.New York Court of Appeals · 1912
- Rutz v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905