Legal Opinion

Scheib v. New York City Railway Co.

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

Decided November 16, 1906PublishedCited by 2 opinions

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

  1. Donnelly v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
  2. Bailey v. JourdanAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by2 opinions

  1. Mosson v. Liberty Fast Freight Co.Court of Appeals for the Second Circuit · 1942
  2. Doctoroff v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1907

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