Trauber v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Third Avenue Railroad 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 3d day of June, 1902, upon the verdict of a jury for $1,150, and also from an order entered in said clerk’s office on the 13th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The plaintiff on the 9th of June, 1899, between seven and eight o’clock in the evening, while crossing Third avenue at Twenty-fourth street in the city of New York, was struck and injured by one of defendant’s cars. According to his testimony, when he left the west curb of Third avenue, he saw a south-bound car approaching between a half and a block away. It was lighted, so that he had no difficulty in seeing it. He crossed the south-bound tracks and either had or was about to step upon the north-bound tracks, when he discovered a car only a few feet from him, approaching from…
2Cases cited3 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Jackson v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Bortz v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Barney v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904