Volkmar v. Third Avenue Railroad
Appellate Terms of the Supreme Court of New York
Appeal from a determination of the General Term of the City Court of the city of Hew York, affirming a judgment of the Trial Term, in favor of the plaintiff, entered upon the verdict of a jury.
1Opinion of the CourtLeventritt, J.
The plaintiff’s coach', while being driven by. one Michael Reynolds through Thirty-eighth street, in a westerly direction across Third avenue, was damaged in a collision with a north-bound cable car of the defendant company.
Reynolds, the plaintiff’s hostler, was the only witness who testified as to the circumstances of the accident while the plaintiff relied exclusively on his own testimony as to the amount of the damage. The defendant, resting on the plaintiff’s case, called no witnesses but moved to dismiss the complaint on the ground, among others, that the damage sustained by reason of…
2Cases cited8 opinions
- Allen v. . FoxNew York Court of Appeals · 1873
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- Kennedy v. McKoneAppellate Division of the Supreme Court of the State of New York · 1896
- Wyckoff v. TaylorAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by10 opinions
- Moore v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Naughton Mulgrew Motor Car Co. v. Westchester Fish Co.Appellate Terms of the Supreme Court of New York · 1919
- Howley v. KraemerAppellate Terms of the Supreme Court of New York · 1901
- Price v. EisenAppellate Terms of the Supreme Court of New York · 1900
- Rogers v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
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