Boentgen v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by William Boentgen against the New York & Harlem Railroad Company. From a judgment of the trial term (50 N. Y. Supp. 331), and from an order denying a motion for new trial, plaintiff appeals.
1Opinion of the CourtGoodrich, P. J.
The plaintiff sues to recover the damages sustained by him in consequence of being run down by a car of the defendant, which was operating a line of horse cars on Madison avenue, in the borough of Manhattan. The answer denies any negligence of the defendant, and alleges contributory negligence on the part of the plaintiff. The court, at trial term, at the close of the plaintiff’s evidence, dismissed the complaint. The plaintiff excepted. *848and moved for a new trial. The motion was denied, and, from the judgment and order entered thereon, the plaintiff appeals.
The plaintiff and one Foster had…
2Cases cited2 opinions
- Murphy v. . OrrNew York Court of Appeals · 1884
- Wihnyk v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Chunn v. City & Suburban RailwayCourt of Appeals for the D.C. Circuit · 1904
- Hernandez v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901