Fiori v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street 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 Flew York on the 17th day of February, 1904, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 18th day of February, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brieit, J.:
The action was brought to recover for injuries received by the plaintiff while walking across Grand street at Mott street on the evening of June 17, 1901, by being struck by one of defendant’s electric cars through the alleged negligence of the motonnan.
Upon conflicting evidence as to the manner in which the accident occurred, the case was submitted to the jury and in its charge the court said : “ The plaintiff’s evidence is to the effect that as he was about to cross the street at the corner of Grand and Mott streets a car was upon the westerly crossing or approaching the…
2Cases cited4 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Goodkind v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Thomson v. SeamanAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Bingham v. JolineAppellate Terms of the Supreme Court of New York · 1909
- Ward v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904