McClain v. . Brooklyn City R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the December Term, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the December Term, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was the duty of the plaintiff to look in every direction from which danger might be apprehended; having failed to do so he is not entitled to recover. ( Woodard v. R. R. Co., 106 N. Y. 369; Young v. R. R. Co., 107 id. 500;…
1Opinion of the CourtBradley, J.
The action was brought to recover for personal injuries of the plaintiff, alleged to have been occasioned solely by the negligence of the defendant. On January 24, 1885, when the plaintiff, with a small boy in his arms, was proceeding to cross Fulton street, in the city of Brooklyn, on foot, he was overtaken and knocked down by a team of horses drawing one of the defendant’s street cars.' This occurred between five and six o’clock in the afternoon, when the cars there were closely following each other, and thus materially interrupting passage across the street. The plaintiff, after waiting…
2Cases cited6 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Barker v. . SavageNew York Court of Appeals · 1871
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
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3Cited by69 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Moffett v. Bozeman Canning Co.Montana Supreme Court · 1933
- Langenfelder v. ThompsonCourt of Appeals of Maryland · 1941
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