Legal Opinion

Freeland v. Brooklyn Heights Railroad

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

Decided December 15, 1905PublishedCited by 2 opinions

Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of January, 1904, upon the verdict of a jury for $450, and also from an order entered in said .clerk’s office- on the 25th day of January, 1904, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Rich, J.:

This action was brought to recover damages for a personal injury alleged to have been sustained through the negligence of the defendant’s servants and employees in the operation of one of its street cars, which collided with a heavily loaded coal truck. .It was charged that the defendant was negligent and careless in the management and operation of a defective car, and also negligent and careless in employing an unfit and incompetent motorman.

The plaintiff was a passenger in one of the defendant’s closed cars, and upon the trial'testified that just previous to the accident: “ I was…

2Cited by2 opinions

  1. Rosenblum v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1912
  2. Day v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1921

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