Polacci v. Interurban St. Ry. Co.
Appellate Terms of the Supreme Court of New York
Appeals from Municipal Court, Borough of Manhattan, Twelfth District. Action by James Polacci against the Interurban Street Railway Company, and action by Joseph Polacci against the same defendant. Appeals by defendant from judgments in favor of the plaintiffs. Judgment in the first case affirmed and in the second reversed, unless respondent stipulate to reduce recovery by the sum of $16; otherwise affirmed.
1Opinion of the CourtBischoff, J.
The contention that the plaintiff’s proof as to the happening of the accident was insufficient to support a case upon the *342questions of negligence and of the absence of contributory negligence is not well founded. The car was distant the width of three houses, and approaching at no extraordinary rate of speed, as the plaintiff started to cross from the second track of the series of tracks, an intervening space of perhaps 10 feet. Ordinary care upon the part of the defendant’s servant could readily be found to have been omitted in the failure to check the car’s speed to some extent when the…
2Cases cited5 opinions
- Lawson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Volkmar v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1899
- McDermott v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Reed v. Metropolitan Street RailwayAppellate Division of the Supreme Court of the State of New York · 1903
- Reed v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903