Sealey v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plain fifí, entered in the office of, the clerk of the county of Kings on the 14th day of October, 1903, upon the verdict of a jury for $5,000 the amount of the verdict having been reduced by consent from $7,000 ; and also from an order entered in said clerk’s office on the 15th day of October, 1903, denying the. deféndant’s motion for a mew trial made upon…
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Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plain fifí, entered in the office of, the clerk of the county of Kings on the 14th day of October, 1903, upon the verdict of a jury for $5,000 the amount of the verdict having been reduced by consent from $7,000 ; and also from an order entered in said clerk’s office on the 15th day of October, 1903, denying the. deféndant’s motion for a mew trial made upon the minutes..
1Opinion of the Court
Hieschberg, P. J.:
The plaintiff was struck by one of the defendant’s trolley cars while she was attempting to cross th,e Bowery in, the borough of Manhattan, on the southerly crossing at Fourth street. ■ She was crossing from the west and was obliged to cross four tracks, the first two being southerly or downtown tracks, and the last two northerly or uptown tracks. When she attempted to cross a car was going down upon the second track and one was coming up upon the third track. The uptown car struck her and. inflicted the injuries complained of.1 ,
The learned .counsel for the' respondent…
2Cases cited1 opinion
- Palmer v. Larchmont Horse Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904