Weidinger v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Third Avenue 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 18th day of October, 1898, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 25th day of October, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff in this action was driving an empty brewery wagon on Park avenue, Hew York city,, and while in the act of crossing the tracks of the defendant in One Hundred and Twenty-fifth street, a car under the management of one of the defendant’s servants came into collision with one of the rear wheels of the wagon, causing a sudden start on the part of the team, and throwing the plaintiff to the pavement, causing the injuries for winch he now seeks to recover damages.
■ There was, we think, evidence from which the jury might properly reach the conclusion that the plaintiff in…
2Cases cited2 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Hickman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- McAllister v. FergusonAppellate Division of the Supreme Court of the State of New York · 1900
- Mowbray v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Johnson v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Maimone v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Haszlacher v. Third Avenue RailroadCity of New York Municipal Court · 1899
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