Brooks v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James F. Brooks, as administrator, etc., of Sarah A. Brooks, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 26th day of October, 1905, upon a nonsuit directed by the court "at the close of plaintiff’s case, upon a trial at the Erie Trial- Term, and also from an order . entered in said clerk’s office on the 26th day of October, 1905,-denying the -plaintiff’s…
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Appeal by the plaintiff, James F. Brooks, as administrator, etc., of Sarah A. Brooks, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 26th day of October, 1905, upon a nonsuit directed by the court "at the close of plaintiff’s case, upon a trial at the Erie Trial- Term, and also from an order . entered in said clerk’s office on the 26th day of October, 1905,-denying the -plaintiff’s motion for a new trial made -upon the minutes. , ' The action was commenced on the 22d‘day of October, .1903, to recover…
1Opinion of the Court
McLennan, P. J.:
The facts are not in dispute, and the plaintiff having been non-suited,, is entitled to-have al-1 questions of fact’ involved in the evidence and all inferences which maybe legitimately drawn therefrom construed most favorably to him.
The defendant, a, domestic corporation,, at the time of the accident complained of, was engaged in operating a double-track street surface railroad, extending- along the center of Jefferson street, in the city of Buffalo, N. Y.,. which' runs north and south, and is crossed-at right angles by Northland avenue. Both ofz said streets are thirty feet…
2Cases cited4 opinions
- Kennedy v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Dunican v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Zimmerman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Johnson v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Bocovsky v. Buffalo & Lake Erie Traction Co., New York County Courts1912
- Geisendorfer v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908