Kuperschmidt v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff after a trial before the court and a jury in the City Court of the city of New York, and also from an order denying defendant’s motion for a new trial.
1Opinion of the CourtScott, J.
In this action it was the plaintiff’s contention that after he had driven onto the defendant’s track at a safe distance in front of an approaching car his wagon was pushed for a distance and finally crushed up against an elevated railway pillar. It was very important whether *353plaintiff’s injury was received immediately upon the happening of the collision, or whether it resulted from the persistence of the motorman in pushing the wagon ahead. One of plaintiff’s witnesses who did not see the first impact between the car and the wagon did testify that he saw the car pushing the wagon along. He…
2Cases cited1 opinion
- Ehrhard v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- People v. CavinessNew York Court of Appeals · 1975
- Cromeenes v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1910
- Marlatt v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1915
- Fishblatt v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906