Legal Opinion

Hernandez v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided October 15, 1901Published

Appeal from city court of New York, general term. Action by Charles H. Hernandez against the Metropolitan Street Railway Company. From a judgment and order of the general term of the city court of New York (72 N. Y. Supp. 1107) reversing a judgment in favor of the plaintiff, the plaintiff appeals.

1Opinion of the CourtMcADAM, P. J.

The plaintiff testified that on the evening of January 13, 1900, between 7 and 8 o’clock, on his way to his home, in Brooklyn, he walked in front of the Fifth Avenue Hotel and crossed over Twenty-Third street, opposite the Bartholdi Hotel, in the borough of Manhattan; that there was a blockade of several wagons and carriages there; that his “attention was directed in getting across to get upon a car”; that he was standing over a foot from the inside track, between the Broadway track and the Lexington avenue track; that, in order not to get hurt by the several carriages, he was looking to save…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
  2. Schwarzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  3. People Ex Rel. Coler v. . LordNew York Court of Appeals · 1898
  4. Boentgen v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  5. Boentgen v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1899

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