Madigan v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Third Avenue 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 New York on the 11th day of May, 1901, upon the verdict of a jury for $1,000, and ■also from an order entered in said clerk’s office on the 10th day of May, 1901, denying the defendant’s motion for a new trial made ■upon the minutes.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought to recover damages sustained by the plaintiff, who was struck by a north-bound car of the defendant at the south crosswalk of Third avenue at Sixtieth street.
The testimony shows that the plaintiff, being about to cross towards the west side of Third avenue to take a south-bound car, as he left the curb, looked down the street, but did not see any car approaching; that when about midway between the curb and the track he looked again, and did not see any car coming along; that there was nothing to obscure his view except the columns of the ele-. *124voted…
2Cited by6 opinions
- Barney v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Kappus v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Jackson v. Union Ry. Co. of New York CityAppellate Division of the Supreme Court of the State of New York · 1902
- Furlong v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Margulies v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
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