Kelly v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, entered in favor of the plaintiff upon the verdict of a jury. Action to recover damages claimed to have been sustained by the plaintiff in consequence of defendant’s alleged negligence. The pleadings are in writing. The answer contains a general denial and alleges the contributory negligence of plaintiff.
1Opinion of the CourtGiegerich, J.
The plaintiff was injured while driving through Prince street, between Grand and Wooster streets, in the borough of Manhattan, on the morning of March 5th, 1898, at about twenty ihinutes before 10 o’clock. The injury was caused by plaintiff’s wagon coming in contact with a loosened or upturned rail of the defendant’s railroad. It appears that the plaintiff had no previous knowledge of the defective condition of the track; nor was such defect noticed by any of the witnesses until after the happening of the accident. A witness called by the plaintiff, one David Brayer, testified that about ten…
2Cases cited3 opinions
- Worster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Rockwell v. Third Avenue RailroadNew York Supreme Court · 1873
- Casper v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1897