Rooks v. Houston, West Street & Pavonia Ferry Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James H. Books, an infant, by Helena Knox, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of March, 1896, upon a dismissal of the complaint directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of New York.
1Opinion of the Court
Barrett, J.:
There was evidence sufficient to go to the jury that the plaintiff was knocked down by a cable car. He testified that he was upon the cable car track at the time of the accident. He was riding there upon his bicycle, and was utilizing the aperture between the rails which is provided for the cable, commonly called the “ slot.” “ When I got to Nineteenth street,” he testifies, “ there was a noise, the rumble of a cable car behind, and suddenly I was knocked down.” He added that he was familiar with the rumble made by a cable car; that it was a holiday; that the street was quiet at…
2Cited by8 opinions
- Indianapolis Street Railway Co. v. BolinIndiana Court of Appeals · 1906
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Mapes v. Union RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Mapes v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Warren v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
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