Legal Opinion

Letzter v. Ocean Electric Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 1920Published

Appeal by the defendant, Ocean Electric 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 Queens on the 15th day of July, 1919, upon the verdict of a jury for $12,500, reduced by the court to $9,000, and also from an order entered in said clerk’s office on the 23d day of July, 1919, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Mills, J.:

The action was brought to recover damages for personal injuries which the plaintiff, a boy sixteen years of age, received from a collision of one of defendant’s electric cars with an automobile which plaintiff was driving on January 17, 1918, at the crossing of the Long Island railroad tracks, at or near Far Rockaway, alleged to have been caused by the carelessness of defendant’s employee in operating the car. The answer admitted defendant’s operation of the car over the Long Island railroad tracks at the crossing of those tracks by Atlantic avenue, which is where the accident…

2Cases cited3 opinions

  1. Albrecht v. Rochester, Syracuse & Eastern RailroadNew York Court of Appeals · 1912
  2. Orafina v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1911
  3. Dioguardi v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1914

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