Killen v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah Killen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 17th day of March, 1899, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
The evidence in this case should have been submitted to the jury ; it was not such as justified the trial court in holding as a matter of law either that the plaintiff had failed to show a lack of contributory negligence, or that the defendant was free from negligence in causing the accident detailed in the complaint. The plaintiff is a woman about sixty years of age, residing in the borough of Brooklyn. On the 13th day of August, 1897, she was on the northerly side of Park avenue, between Cumberland street and Carlton avenue, and when at about the middle of the block she desired…
2Cases cited2 opinions
- Hickman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- McKee v. LaveryAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Killen v. Brooklyn Heights RailroadNew York Supreme Court · 1900