McGrath v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment entered in the City Court of the city of New York, dismissing the complaint.
1Opinion of the CourtGreenbaum, J.
Plaintiff, an employee of the street cleaning department of this city, while engaged in his duties of removing .dirt from the street, sustained injuries resulting from a collision between the ash cart, which was then under his control, and one of the cars of the defendant.
It is not disputed by the respondent that the testimony adduced by the plaintiff would have justified the submission of the question of defendant’s negligence to the jury.
It is, however, contended that the plaintiff did not establish his freedom from contributory negligence, and that as a matter of law, the trial court…
2Cases cited1 opinion
- Dipaolo v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Driscoll v. California Street Cable RailroadCalifornia Court of Appeal · 1926
- Graves v. Portland Ry., Light & Power Co.Oregon Supreme Court · 1913