Scheib v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hew York City Railway Company, from a judgment, of the Supreme Court'in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 7th day of December, Í905,'upon the verdict of a jury for $10,000, and also' from an order entered in said clerk’s office on the: 6tli -day of January, 1906, denying the defendant’s motion for a, new trial made upon the minutes. . . .
1Opinion of the Court
Woodward, J.:
The plaintiff in this action was injured in a collision between an electric car of the defendant and a wagon in which the plaintiff was riding, but which was driven by another person. The principal question presented by this appeal- is whether the learned trial court erred in charging the jury, as requested in behalf of the plaintiff, “ that if the plaintiff conducted himself with due care, and the accident was caused by the negligence - of the defendant’s motorman, the defendant would be liable even though the driver of the wagon was also concurrently negligent.” It is contended…
2Cases cited2 opinions
- Donnelly v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
- Bailey v. JourdanAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Mosson v. Liberty Fast Freight Co.Court of Appeals for the Second Circuit · 1942
- Doctoroff v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1907