Moore 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 23d day of February, 1909, upon the verdict of a jury for $994.43, 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 affirmed, with costs.
The action was brought to recover damages for negligence. There was a collision between one of defendant’s street cars and an express wagon driven by plaintiff, at a place where Marietta street entered hut did not cross St. Paul street, in the city of Rochester, N. Y. The plaintiff drove out of Marietta street and crossed the tracks of defendant running along St. Paul street, in order to reach the side of the latter street that the rule of the road required him to drive upon. The ear was approaching so rapidly that it could…
2Cases cited2 opinions
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Landon v. . TownshendNew York Court of Appeals · 1891
3Cited by1 opinion
- Moore v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909