Legal Opinion

Bologna v. Metropolitan Street Railway Co.

City of New York Municipal Court

Decided May 15, 1900Published

Appeal from a judgment entered upon verdict in favor of the plaintiff, and from an order denying defendant’s motion for a new trial.

1Opinion of the CourtO’Dwyer, J.

The plaintiff was driving up Central Park Wesr, between Eighty-first and Eighty-second streets, when he was struck by one of the defendant’s cars, sustaining the injuries which form the basis of this cause of action. The plaintiff testified: “ I got about the middle of the block where there was some sewering or gas fixing going on, so that one-half of the street right near the sidewalk was blocked up with it. * * * There was only room for one wagon to pass there; I was trying to get past and get beyond and I saw a big track coming down and I saw I could not get out so I tried to get back upon…

2Cases cited4 opinions

  1. Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
  2. Pierce v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
  3. Trotcky v. Forty-Second Street & Grand Street Ferry RailroadNew York Supreme Court · 1893
  4. Goldschmidt v. Metropolitan Crosstown Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896

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