Fisher v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Union Railway Company of New York City, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of West-Chester on the 19th day of December, 1902, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 3d day of January, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J. :
The plaintiff was injured while a passenger on one of the defendant’s cars, which was run through a dense fog into a wagon on the track ahead of it. There was evidence that the car was running at the time as rapidly as fifteen miles an hour. The only exceptions taken by the defendant were to the refusal of the learned trial justice to nonsuit the plaintiff, and to the evidence referred to as to the speed of the car.
Neither exception is availing. As to the first it is urged that there was no negligence established, inasmuch as the motorman according to his evidence discovered…
2Cases cited2 opinions
- Salter v. . Utica and Black River Railroad CompanyNew York Court of Appeals · 1874
- Strauss v. Newburgh Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- People v. OlsenNew York Court of Appeals · 1968
- People v. DusingNew York Court of Appeals · 1959
- Chickasha St. Ry. Co. v. MarshallSupreme Court of Oklahoma · 1914
- People v. Tanner, New York County Courts1957
- Kimpell v. Duluth Street Railway Co.Supreme Court of Minnesota · 1927