Halliday v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Stephen N. Halliday, 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 at the close of the plaintiff’s case, by direction of the court, after a trial before the court and a jury at the Kings County Trial Term.
1Opinion of the Court
Hirschberg, J.:
The question of plaintiff’s freedom from contributory negligence was clearly for' the jury. The accident occurred at about five o’clock on the afternoon of December 2, 1898, while the plaintiff was endeavoring to cross Fulton-street in the borough of Brooklyn, at a point opposite the westerly line of Buffalo avenue. Buffalo avenue runs into Fulton street from the south, but does not cross it. The plaintiff walked «eastwardly along the north side of Fulton street until he reached the first or westerly crossing to Buffalo avenue. It was getting dark, but there was still some…
2Cases cited2 opinions
- Turell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Towner v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1899