Legal Opinion

Smith v. Bailey

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1897PublishedCited by 20 opinions

Appeal by the plaintiff, James Smith, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on.the 2oth day of February* 1896, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 24th day of February, 1896, denying the plaintiff’s motion for a new' trial made upon the minutes.

1Opinion of the Court

Van Brunt, P. J.:

This action is brought to recover damages alleged to have been sustained by the plaintiff through the negligence of the defendant, in having driven over him while he was at work in sweeping the north *284crosswalk of Seventh avenue at the corner of One Hundred and Thirty-second street. The evidence shows that the accident occurred ■about three o’clock in the afternoon. The plaintiff was at work for the city of New York, in the department of public works, sweeping the- north crosswalk of - Seventh avenue at the corner of One Hun- . dred and Thirty-second street. He Avas SAveepiiig…

2Cited by20 opinions

  1. Danahy v. CuneoSupreme Court of Connecticut · 1943
  2. Kuzuf v. GebhardtSupreme Court of Missouri · 1980
  3. Volosko v. Interurban Street Railway Co.New York Court of Appeals · 1907
  4. Grogan v. . DooleyNew York Court of Appeals · 1914
  5. Lamuraglia v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002

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