Legal Opinion

Hernandez v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided December 15, 1901Published

Appeal by the plaintiff from a judgment and order of the General Term of the City Court of the city of New York, reversing a judgment entered on a verdict in favor of the plaintiff.

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 cited4 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

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