Dauch v. Theed
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter E. Dauch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 23d day of October, 1923, upon the verdict of a jury and also from an order entered in said clerk’s office on the same day denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jaycox, J.:
The plaintiff was riding a motorcycle northward on Village avenue, in the village of Rockville Center, Nassau county, N. Y. When he approached the railroad tracks, which cross that avenue at a right angle, the crossing gates were down, and he dismounted and waited for the gates to be raised. When the gates were raised he proceeded northward a short distance, estimated by him as twenty-five feet north of the railroad track, and his motorcycle came in collision with the defendant’s automobile and plaintiff received the injuries for which he sues. The defendant immediately before the…
2Cases cited3 opinions
- Ward v. . ClarkNew York Court of Appeals · 1921
- Grabenstein v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
- Finkel v. DavidsonAppellate Terms of the Supreme Court of New York · 1898
3Cited by1 opinion
- Plantz v. GreinerAppellate Division of the Supreme Court of the State of New York · 1931