Wahler v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, August Wahler, for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Queens County Trial Term in June, 1909.
1Opinion of the Court
Thomas, J.:
Metropolitan avenue runs north and south. The deféndant’s railway crosses it obliquely, but in- a general easterly and westérly direction. The plaintiff, was struck by defendant’s train moving westerly. The plaintiff walked in a generally southerly direction until he came to the gates, and, finding them raised, turned and walked southeasterly across Metropolitan avenue. His evidence as to looking is somewhat confused, but it is certain that he did look to the right and to the left, and that he did look to the left, first, while walking upon the -sidewalk toward the center of…
2Cited by2 opinions
- Legg v. Erie RailroadNew York Supreme Court · 1910
- Dolan v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1911