Lentsch v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, International Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 5th day of November, 1915, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
De Angelis, J.:
The plaintiff recovered damages for personal injuries sustained in being thrown from a wagon by the collision of one of defendant’s street cars with the wagon. Defendant operates a double-track surface railroad in Niagara street in the city of Buffalo. The plaintiff was sitting on the front seat of a wagon, loaded with window frames, drawn by a single horse driven by him northerly on Niagara street. The load made by the window frames was about thirteen or fourteen feet in length, ten feet in width and high enough so that the plaintiff could not see the railroad tracks behind…
2Cases cited2 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Freund v. PatenNew York Court of Common Pleas · 1882
3Cited by1 opinion
- O'Neill v. EwertAppellate Division of the Supreme Court of the State of New York · 1919