Legal Opinion

Geoghegan v. Third Avenue Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1900PublishedCited by 17 opinions

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 clerk of the county of New York on the 12th day of July, 1899, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on. the 29th day of June, 1899., denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Van Brunt, P. J.:

This action was brought to recover damages for injuries sustained by the plaintiff through a collision with one of the defendant’s cars, at or near Forty-third street, as the plaintiff was attempting to cross one of the defendant’s tracks. The plaintiff claimed that on the 31st of March, 1897, he was driving a wagon along Third avenue in the early morning at about a quarter to six o’clock. He was on his way up town, and had been driving in the tracks of the defendant up to Forty-second street, where he pulled out to the east side of the street. The car stopped at Forty-second…

2Cases cited2 opinions

  1. Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
  2. Uransky v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1890

3Cited by17 opinions

  1. Pugmire v. Oregon Short Line R.Utah Supreme Court · 1907
  2. Keefe v. . LeeNew York Court of Appeals · 1909
  3. Jones v. Niagara Junction Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
  4. Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  5. Clark v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902

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