McGreevy v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City Bailway'Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of .December, 1904, upon the verdict of a jury for $3,000j and also from an order entered in said clerk’s office on the 13th day of December, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The only question presented upon. this appeal is whether the finding by the jury that the deceased was free from contributory negligence can. be sustained. One of the witnesses called by the plaintiff testified that he was a street sweeper; that on the 9th day of July, 1904, he was standing on Amsterdam avenue, between One f 'Hundred and. Eightieth and One,Hundred and Eighty-first streets, on the curb at a distance of sixty feet below the southerly crosswalk of One Hundred and Eiglityffirst streetthat, while standing there’ he saw a man get off a north-bound car and start to…
2Cases cited2 opinions
- Reed v. Metropolitan Street Railway Co.New York Court of Appeals · 1905
- Axelrod v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905