Spooner v. Brooklyn City Rail Road
New York Supreme Court
THIS was an appeal Tby the plaintiff from an order of the city court of Brooklyn, dismissing the complaint, made on the second trial of this action. The case, upon the appeal from the judgment rendered after the first trial, is reported in 31 Barbour, 419. It appeared, on the second trial, that the defendants were carriers of passengers in the city of Brooklyn, using a stage sleigh for that purpose.
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THIS was an appeal Tby the plaintiff from an order of the city court of Brooklyn, dismissing the complaint, made on the second trial of this action. The case, upon the appeal from the judgment rendered after the first trial, is reported in 31 Barbour, 419. It appeared, on the second trial, that the defendants were carriers of passengers in the city of Brooklyn, using a stage sleigh for that purpose. The plaintiff took passage on one of their sleighs, to he conveyed from the corner of Bond and Fulton streets, through Fulton to Orange street. While standing on the left guard or fender of the…
1Opinion of the CourtBhiott, J.
We are of opinion that this case was devoid of any evidence upon the recent, as it was upon the former trial, imputing negligence to the driver of the sleigh in which the plaintiff was riding. He was driving slowly and cautiously, and turning out of the way of the sled which came in collision with him. It was the reckless approach and the sudden turn and swing of the latter which brought the two together, and for this the defendants’ driver was not to blame. The city judge correctly refused to submit to the jury whether the driver of the defendants’ sleigh was guilty of negligence, or whether…
2Cases cited1 opinion
- Willis v. Long Island Rail RoadNew York Supreme Court · 1860
3Cited by2 opinions
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- Brady v. ChicagoU.S. Circuit Court for the Northern District of Illnois · 1865