Koehne 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 Kail way Company, '• from a ¡judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 14th day of January, 1898, upon the verdict of a jury for $5,000, rendered after a trial at the Queens County Trial Term, with notice of an intention to bring up for review, upon such appeal, an order entered in said clerk’s office nuno jpro tuno as of the. 11th day of…
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Appeal by the defendant, the New York and Queens County Kail way Company, '• from a ¡judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 14th day of January, 1898, upon the verdict of a jury for $5,000, rendered after a trial at the Queens County Trial Term, with notice of an intention to bring up for review, upon such appeal, an order entered in said clerk’s office nuno jpro tuno as of the. 11th day of January, 1898, denying the defendant’s motion for anew trial made upon the minutes. ■ The complaint contained, among…
1Opinion of the Court
Willard Bartlett, J.:
'The accident in which the plaintiff was injured was a collision between two trolley cars of the defendant moving in opposite directions. The plaintiff was a passenger in an open car going from the Thirty-fourth Street Ferry, in Long Island City, to the Lutheran *421Cemetery on the right-hand track of the railroad line. At Laurel Hill the motorman, being informed that there was a derailed car ahead, switched his car' over to the left-hand track. This track was used by cars going toward the ferry, and under the circumstances he must have expected, in the exercise of a…
2Cases cited3 opinions
- Stierle v. . Union Railway Co.New York Court of Appeals · 1898
- Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867
- Piper v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
3Cited by10 opinions
- O'Brien v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Hiller v. JohnsonWisconsin Supreme Court · 1916
- Hubner v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Leonard v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Beiner v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920
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