Mathers v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph W. Mathers, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 2d day of August, 1905, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Westchester Trial Term.
1Opinion of the Court
Gaynor, J.:
The jury could have found from the evidence that the plaintiff was crossing Third avenue, Manhattan, at the lower crossing of Thirtieth street from east to. west at an ordinary walk; that as he left the curb he looked up and down Third-avenue, and saw'a car up near Thirty-first street coming down and • another down at Twenty-ninth street coming up (i. e., on the east track) ; that another car going uptown was at the time-passing the crossing he was on; that no other cars were between Twenty-ninth and Thirty-first streets; that h.e walked across in the rear of. the said uptown car…
2Cited by1 opinion
- Duffy v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1906