Legal Opinion

Netterfield v. New York City Railway Co.

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

Decided December 11, 1908PublishedCited by 4 opinions

Appeal by the defendant, the Rew 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 Rew York on the 11th day of February, 1908, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 10th day of February, 1908, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Ingraham, J.:

The plaintiff, who was a coachman driving a brougham belonging to his employer, started from the stable where his employer’s horses were kept, which was on the west side of Seventh avenue, between Fifty-fourth and Fifty-fifth streets. He drove out into the avenue upon the defendant’s railroad tracks, where the brougham was struck by one of the defendant’s cars, and for the injuries thus sustained he has recovered judgment against the defendant. I think there was a question for the jury as to the defendant’s negligence and the plaintiff’s contributory negligence, but the judgment…

2Cited by4 opinions

  1. Lopes v. LinchAppellate Division of the Supreme Court of the State of New York · 1915
  2. Lopes v. . LinchNew York Court of Appeals · 1917
  3. Campbell v. Chicago City Railway Co.Appellate Court of Illinois · 1918
  4. Gullery v. MacGuireAppellate Terms of the Supreme Court of New York · 1912

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