Curtin v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an affirmance by the General Term of the City Court of a judgment for plaintiff, entered upon the verdict of a jury. '
1Opinion of the CourtDaly, P. J.
The plaintiff was injured by an upbound cable car on Hinth avenue, while she was attempting to cross the avenue from west to east, at the southerly crossing of ;One Hundred and First street in the day-time. There was evidence that the car was approaching at full speed, and that no bell was rung and that the gripman did not apply the brake. As the car was, however, stopped within three feet after it struck the plaintiff, the brake must have been applied before the collision; the testimony being that the car could have been brought to a stop in twenty feet. It is argued by the appellant that…
2Cases cited8 opinions
- Murphy v. . OrrNew York Court of Appeals · 1884
- Fandel v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Wihnyk v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- McQuade v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1896
- Nugent v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
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3Cited by1 opinion
- Piercy v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1900