Wall v. Merkert
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, Emily Merkert, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of June, 1914, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 23d day of June, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
The plaintiff’s evidence tended to show that her intestate, a roan fifty-nine years of age, between eight and nine o’clock *609on the evening of January 18, 1913, was walking west on the south side of Eighty-third street towards First avenue. There are two surface railway tracks running along the center of First avenue. When he came to the avenue he started to cross, either on the south crosswalk to the southwest corner or in a diagonal direction to the northwest comer of Eighty-third street. When he had passed over both rails of the northbound track and had reached the space between…
2Cited by4 opinions
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