Legal Opinion

Quinn v. Atlantic Avenue Railroad

New York City Court

Decided December 22, 1890PublishedCited by 2 opinions

Appeal from trial term. Action by Thomas Quinn against the Atlantic Avenue Railroad Company. From a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial, defendant appeals.

1Opinion of the CourtOsborne, J.

Blaintiff brought this action to recover damages for injuries sustained by the alleged negligence of a driver of one of the defendant’s street-cars. On December 5,1889, plaintiff was driving in an empty coal cart down Twentieth street, between Seventh and Eighth avenues, in the right-hand or northerly track of defendant’s road. He was followed, about 60 feet in the rear, by another empty coal cart. The last-mentioned cart turned out of the track, and, when the car in question got within about 20 feet of plaintiff, he then, as he testifies, became aware of its proximity. At that time, another…

2Cited by2 opinions

  1. Witte v. Brooklyn City Railway Co.New York City Court · 1893
  2. Arnesen v. Brooklyn City RailroadNew York City Court · 1894

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