Goldstein v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Union Railway Company of New York City, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 5th day of January, 1917, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 6th day of February, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
Harry Goldstein, the intestate, was a man forty-seven years of age. He was crossing Third avenue between St. Paul’s place and One Hundred and Seventieth street, in the borough of The Bronx, and was crossing in the middle of the block. The day was windy, and there was no one else on the street at eleven o’clock in the morning. He was struck by the defendant’s car and killed. The claimed negligence is in the speed of the car and in the failure to sound a warning.
The judgment is wrong, both as to the defendant’s negligence and as to the contributory negligence of plaintiffs’ intestate.…
2Cases cited1 opinion
- Boyce v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Unger v. Belt Line Railway Corp.New York Court of Appeals · 1922
- Porter v. New York City Interborough Railway Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Spreitler v. Louisville & N. R.Court of Appeals for the Seventh Circuit · 1941
- Laschinger v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1918
- Quinn v. Union Railway Co.City of New York Municipal Court · 1929