Bang v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York and Queens County Railway Company, from a judgment of the Municipal Court of the city of New York, borough of Queéns, in favor of the plaintiff, rendered on the 7th day of February, 1908, after a trial before the court and a jury.
1Opinion of the Court
Hooker, J.:
This action is brought to recover damages to plaintiff’s wagon, injured by being run into from behind by defendant’s trolley car. On the former trial the driver, Thomas Speedling,. Jr., testified that just as he was turning on the track he looked back once before he was run into. A recovery was had and an appeal to this court was taken. Mr. Justice Gaynor, speaking for the court, said : “He does not say he looked back before turning, or that he had completed his turn and was going along pn the track before he was run into'. It was for the plaintiff to show these things.” (113 App.…
2Cases cited2 opinions
- Edall v. New England RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Bang v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906