Warne v. Brooklyn Heights Railroad & Brooklyn Citizen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Brooklyn Heights Railroad Company and another, 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 6th day of May, 1916, upon the verdict of a jury for $3,000, and also an appeal by the defendant Brooklyn Citizen from an order entered in said clerk’s office on the 25th day of May, 1916, denying its motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The plaintiff, a passenger on the car of one defendant, was injured by the shaft of a wagon of the other defendant puncturing the side of the car. The collision was at the intersection of Third avenue and Pacific street, in Brooklyn. The plaintiff was near the center of the car and on its left-hand side, towards which the horse and wagon were approaching. The defendant railroad company withdrew from the trial when the plaintiff had rested and its motion for nonsuit had been denied. Therefore, it is to be affected only by the record as it then was. The car was moving southerly and *560th…
2Cited by1 opinion
- Geyer v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924