Kessler v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25tli day of July, 1895, upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 24th day of July, 1895, denying the defendant’s motion for a ne\y trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This is an action to recover damages for personal injuries. The plaintiff, with a number of others, was riding in a truck, along Myrtle avenue, in the suburbs of the city of Brooklyn. On that highway the defendant operates a double-track railway, with “ dummy ” or steam engines, drawing short trains of cars. According to the story told by the plaintiff’s witnesses, the wagon was proceeding towards the city, in the right-hand track, when from behind them was heard a whistle of a train moving in the same direction. To enable this train to pass, the wagon was driven over to…
2Cases cited3 opinions
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Robinson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Boniface v. RelyeaThe Superior Court of New York City · 1868
3Cited by7 opinions
- Duval v. . R. R.Supreme Court of North Carolina · 1904
- Duval v. Railroad Co.Supreme Court of North Carolina · 1904
- Geary v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Loso v. Lancaster CountyNebraska Supreme Court · 1906
- Strauss v. Newburgh Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
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