Warren v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Richard Warren, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 25th day of April, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury, and also from an order denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover damages for injuries suffered by the plaintiff because of a collision between the wagon on which he was riding and á car of the defendant. The evidence would have warranted the jury in finding that the plaintiff, seated in a grocery wagon,' the back and sides of which were inclosed by oilcloth curtains, was driving along White Plains avenue in the city of New York. The defendant’s track was laid in the center of the street. Each side of the street was either out of repair or incumbered with rubbish, so that the passable part of the roadway ran so…
2Cases cited1 opinion
- Rooks v. Houston, West Street & Pavonia Ferry RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Mapes v. Union RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Mapes v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900