Duffy v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Conrt of the city of New York dismissing the complaint at the end of plaintiff’s case.
1Opinion of the CourtFitzgerald, J.
The testimony on the trial of this action shows that, about midday on May 23, 1903, the plaintiff, while in the act of crossing Tenth avenue from the west to the east side, at the south comer of Forty-first street, saw a horse car coming down on the westerly track; that she waited at the curb for it to pass. She then crossed on the cross-walk and was on the south bound track, and within ten or fifteen feet of the most easterly rail of the uptown track, when an electric car was coming up on the easterly track about 125 feet south of the southerly side of Forty-first street on a clear track.…
2Cases cited5 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Matter of PennieNew York Court of Appeals · 1888
- Mills v. Brooklyn City RailroadNew York City Court · 1894
- Lewis v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Mathers v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Wecker v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Bernstein v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907