Muller v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights 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 Kings on the 17th day of November, 1896, upon the verdict of a jury for $8,000, and also from.an order entered in said clerk’s office on the 29th day of December, 1896, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Brooklyn Heights 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 Kings on the 17th day of November, 1896, upon the verdict of a jury for $8,000, and also from.an order entered in said clerk’s office on the 29th day of December, 1896, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries resulting to the plaintiff from the alleged negligence of the defendant.
1Opinion of the Court
Goodrich, P. J.:
The defendant operates a trolley railroad on Myrtle avenue which runs east and west. Evergreen avenue and Suydarn street, intersecting each other, cross Myrtle avenue in diagonal directions. There is a crosswalk over Myrtle avenue to the eastward of Suydarn street.
On July 14, 1896, the plaintiff, a boy between five and six years of age, started from the north side of Myrtle avenue, at a point twenty-five or thirty feet eastward of the crosswalk, intending to cross the street. The car of defendant was going east on the south track, and the plaintiff was either struck by the…
2Cases cited1 opinion
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
3Cited by3 opinions
- Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
- Adams v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Muller v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1897