Margulies v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Inter urban Street Railway Cem-t pony, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of blew York-on the 8th day of January, 1906, upon a verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 8th day of January, 1906, denying the defendant’s motion for a new trial made upon the -minutés.
1Opinion of the Court
Patterson, J.:
On the,plaintiff’s own testimony, given on the trial of'this.action, it is apparent that he has not sustained, the burden which rested upon him of showing freedom from contributory, negligence inducing . the' accident from which he suffered grievous injuries.
On the evening of February 14, 1903, lie was at- the'north crosswalk of One Hundred and Forty-eighth street and Amsterdam avenue, on the westerly side of the street. He was intending to cross to the northeast corner of the avenue. He looked tip and down the avenue before starting and saw that there was a car advancing on the…
2Cases cited6 opinions
- Lofsten v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Daniels v. Staten Island Rapid Transit Co.New York Court of Appeals · 1891
- Lynch v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Madigan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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