Keegan v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendants, The Third Avenue .Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of February, 1898* upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 7th day of March, 1898, denying the defendants’, motion for a new trial made upon the minutes.
1Opinion of the Court
Barrett, J.:
The action is for negligence. The plaintiff was injured on August 30,1894, while riding on one of'the defendant company’s open cars,, south hound. He was sitting on the easterly side of the car near the rear. Some little distance south of Fifty-eighth street this car met a wagon belonging to the defendant Hunt, which was coming north on the' easterly track. Behind the wagon was a north-bound car. *298In attempting to get out of its way the wagon crossed to the west, and, as the great preponderance of evidence shows, collided with the rear, of the south-bound car, striking and injuring…
2Cases cited4 opinions
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Stierle v. . Union Railway Co.New York Court of Appeals · 1898
- Unger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1873
- Hurley v. New York & Brooklyn Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by11 opinions
- McLean v. Triboro Coach Corp.New York Court of Appeals · 1950
- O'Brien v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Fox v. ErbeAppellate Division of the Supreme Court of the State of New York · 1905
- Regensburg v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Conway v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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