Legal Opinion

Reilly v. Third Avenue Railroad

Appellate Terms of the Supreme Court of New York

Decided February 15, 1896PublishedCited by 1 opinion

Appeal by defendant from judgment of the General Term of the City Court, affirming a judgment entered on a verdict in favor of plaintiff.

1Opinion of the CourtMcAdam, J.

The action is to recover damages for personal injuries to the plaintiff, caused by the negligence of the defendant.

On the afternoon of April 16, 1894, the plaintiff was driving a one-horse, two-wheeled tipcart, loaded with dirt, along Fortieth street in an easterly direction toward the East river. When about to. cross Third avenue at that street, just as he was going upon the crossing of the west side of the avenue, he observed one of defendant’s cars going up town upon the easterly track,' *12about 200 feet or a block away, and continued driving across the avenue, thinking he had ample time to…

2Cases cited5 opinions

  1. Kavanagh v. . WilsonNew York Court of Appeals · 1877
  2. Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
  3. O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
  4. Mills v. Brooklyn City RailroadNew York City Court · 1894
  5. Uransky v. Dry-Dock, East Broadway & Battery RailroadNew York Supreme Court · 1891

3Cited by1 opinion

  1. Dise v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1897

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