Wells v. Brooklyn City Railroad
New York Supreme Court
Appeal from circuit court, Kings county. Action by Altha M. Wells, as administratrix of James Wells, deceased, against the Brooklyn City Railroad Company, for damages for causing the death of plaintiff’s intestate. From a judgment for defendant entered on the dismissal of the complaint at the trial, plaintiff appeals.
1Opinion of the CourtBarnard, P. J.
There was sufficient evidence produced upon the part of the plaintiff to go to the jury. The accident happened on the 27th of November, 1888, between 6 and 7 o’clock in the evening. The plaintiff was 61 years of age, and attempted to pass over Flushing avenue in front of the defendant’s street-car, and was killed. When he started from the corner of Throop and Flushing avenues, and when he started to cross, he was observed to look both ways, and start after this observation. The car was then 50 feet away. The deceased got across the first and second track, and partly across the third track,…
2Cases cited2 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Moebus v. . HerrmannNew York Court of Appeals · 1888
3Cited by9 opinions
- Indianapolis Street Railway Co. v. O'DonnellIndiana Court of Appeals · 1905
- Union Traction Co. v. VandercookIndiana Court of Appeals · 1904
- Citizens' Street Railway Co. v. DammIndiana Court of Appeals · 1900
- Cass v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Wall v. Helena Street Railway Co.Montana Supreme Court · 1892
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