Legal Opinion · Dissent

Prince v. Third Avenue Railroad

Appellate Terms of the Supreme Court of New York

Decided November 6, 1903Published

Appeal from City Court of New York. Action by Adolph Prince against the Third Avenue Railroad Company. From a judgment for plaintiff, defendant appeals. Affirmed.

1Dissent

BLANCHARD, J. (dissenting).

The action was brought to recover damages for injury to plaintiff’s wagon, harness, and merchandise by reason of a collision between one of the defendant’s cars and plaintiff’s wagon. The plaintiff asserted that the defendant was negligent, and that such negligence was the sole cause of the collision. This the defendant denied, and alleged contributory negligence on the part of the plaintiff. The proofs were sufficient to justify the submission .of these questions to the jury, and we should not be disposed to disturb the verdict of the jury, except for that part of…

2Cases cited3 opinions

  1. Goetz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
  2. McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. Goetz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900

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