Cunningham v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 5th day of April, 1904, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 30th day of March, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
On the morning of the 6th of September, 1900, for the purpose, of taking one. of the'defendant’s Fourth avenue cars at the intersection of the Bowery and Spring streét, the plaintiff with three1 companions stood between the uptown Third avenue and the uptown Second and Fourth avenue tracks (the Second and Fourth avenue cars run' On the same tracks at this point) waiting until the same came along. .While in this' position the plaintiff’was struck by a person attempting to board a Second avenue car, thrown .'down, partly under the car, one of the wheels- passing over a- portion…
2Cases cited2 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904