McCormack v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nassau .Electric 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 23d day of November, 1896, upon the verdict of a jury for $12,000, and also from an order entered in said clerk’s office on the 23d day of December, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The evidence tended to establish that when tiie driver -of the ice wagon started his team to cross the street and tracks.of the railroad, defendant’s car, which inflicted the injury, was upon the north side of the street, and distant from the point where -the team started to cross about 133 feet. The car at this time was stationary, or just upon the point of starting. There was nothing between the ice *25wagon and the car to obstruct the vision of the motorman, and the relative situation of wagon and car was plainly visible. The movement of the ice wagon was such that if the motorman…
2Cited by6 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Bailey v. JourdanAppellate Division of the Supreme Court of the State of New York · 1897
- Moore v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Keifer v. Cleveland Railway Co.Ohio Court of Appeals · 1917
- Waters v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
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