Fitzgerald v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal hy the defendant, The Brooklyn Heights Railroad Company, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 16th day of April, 1906-, upon the verdict of a jury for seventy-five dollars, and also from an order entered in said clerk’s office on the 15th day of May, 1906, denying the defendant's motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.;
The defendant appeals from a judgment of County Court, entered on the verdict of a jury, and from an order denying a motion for a new trial. The action is for negligence. The plaintiff claims that he was going diagonally across Manhattan avenue in the borough of Brooklyn between street intersections; that as he left the curb he looked in the direction of Greenpoint ferry, from whence the car colliding with him came, and saw no car; that he looked again before stepping on the track and saw no car, although there was nothing to obstruct his view; that as he stepped upon the track he…
2Cases cited1 opinion
- Barney v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904