Legal Opinion

Montenes v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 5 opinions

Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered on the 25th day of February, 1902, upon the decision of the court awarding the plaintiff $225 damages.

1Opinion of the Court

Willard Bartlett, J.:

This action was brought to recover damages for injuries sustained by the plaintiff’s cab in a collision with one of the trolley cars ■of the defendant at the intersection of Fifty-eighth street and Madison avenue. The cab was proceeding westwardly through Fifty-eighth street at the rate of eight miles an hour, and the car was running northward through Madison avenue. The driver of the cab testified that when he got to the crossing of Madison avenue and Fifty-eighth street he looked up and down the track and saw *494no car and heard no bell; that after that he knew nothing…

2Cases cited3 opinions

  1. Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
  2. State v. MorrisSupreme Court of Connecticut · 1879
  3. Landrigan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by5 opinions

  1. Delaware, Lackawanna & Western Railroad v. KoskeSupreme Court of the United States · 1929
  2. Auerbach v. Mr. & Mrs. Foster's Place, Inc.City of New York Municipal Court · 1927
  3. Brown v. McCulloughAppellate Division of the Supreme Court of the State of New York · 1934
  4. Consumers Co. v. RubleIndiana Court of Appeals · 1919
  5. Thornton v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908

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