Burns v. New York & Long Island Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John T. Burns, from a .judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 17th day of December, 1909, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Queens County Trial Term, and also from an order entered in said clerk’s office on the 3d day of March, 1909, directing the dismissal of the complaint.
1Opinion of the Court
WOODWARD, J. :
This is an action to recover for personal injuries. The plaintiff was driving on Fulton street in the borough of Brooklyn, in the direction ’ of Jamaica, on the 4th day of December, 1907. As he neaféd Can- • dace avenue he foünd himself in the rear of a.farm wagon which was being driven along the west-bound track of the defendant’s double-track surface railroad so near the curb line that it was difficult if not impossible to pass between the wagon and the curb. At least there was evidence from which the jury might have so found in reaching a verdict. The testimony of the…
2Cases cited2 opinions
- Azzara v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Russell v. RhinehartAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Gumbrell v. BreweryAppellate Division of the Supreme Court of the State of New York · 1922
- Cobb v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1949