Devine v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of April, 1898, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the 22d day of April; 1898, denying the defendant’s motion for a new trial ma,de upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff in this action was injured in a collision between a car operated by the defendant and a wagon driven by the plaintiff in one of the streets of the borough of Brooklyn. The accident occurred on the 19th day of December, 1896, at six-twenty p. m., at a point between Seventy-seventh and Seventy-eighth streets,.' on Third avenue. The plaintiff was driving on the avenue, using the tracks of the defendant. There was evidence to show that the night was dark, and that the highway was not well lighted. .The plaintiff had been driving on the tracks of the defendant for a…
2Cases cited2 opinions
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by8 opinions
- Quinn v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Mapes v. Union RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Bossert v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Mapes v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Belford v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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