Maynard v. Rochester Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rochester Railway Company, from ' a judgment of "the Supreme Court in favor of the plaintiff, entered ' in the office of the clerk of the county of Monroe on the 3d day of August, 1909, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed and a new trial granted, with costs to the appellant to abide event.
The action is to recover damages for personal injuries alleged to have resulted from defendant’s negligence. The plaintiff left one of the defendant’s cars át a street crossing, passed behind that car, and was struck by a car going in the opposite direction as she attempted to cross in front of it.
The only questions raised upon this appeal relate to plaintiff’s alleged contributory negligence. The defendant claims that there was no evidence for the jury upon that question…
2Cases cited1 opinion
- Reed v. Metropolitan Street Railway Co.New York Court of Appeals · 1905
3Cited by5 opinions
- Provoost v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Schasel v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Laws v. Hammond, Whiting & East Chicago Railway Co.Indiana Court of Appeals · 1920
- Schasel v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Wall v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1921