Witte v. Brooklyn City Railway Co.
New York City Court
Appeal from a judgment in favor of the plaintiff entered on a verdict and an order denying a new trial on the minutes. The plaintiff was driving two horses attached to a brewery wagon filled with boxes of bottled beer. He drove down or west on Twenty-eighth street till he came to Third avenue, and turned into the west track of defendant’s street electric railroad.
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Appeal from a judgment in favor of the plaintiff entered on a verdict and an order denying a new trial on the minutes. The plaintiff was driving two horses attached to a brewery wagon filled with boxes of bottled beer. He drove down or west on Twenty-eighth street till he came to Third avenue, and turned into the west track of defendant’s street electric railroad. After driving a little way in a southerly direction, a car came along behind him and he turned into the east track to allow it to pass. When it had passed, plaintiff turned back into the west track between Thirtieth and Thirty-first…
1Opinion of the Court
Clement, Ch. J.
The counsel for the appellant seeks a reversal in this case only on two grounds: First, that the evidence showed contributory negligence on the part of plaintiff ; second, that there was no proof of negligence of the defendant. The plaintiff drove a beer wagon in a southerly direction along the track of defendant on Third avenue in this city until he reached Thirty-second street, where he swung his wagon to the east, in order to get out of the track, and then turned to the west. The wagon was nearly off the track when an electric car struck the hind wheel and overturned it.
This…
Also in this document: Concurrence.
2Cases cited1 opinion
- Quinn v. Atlantic Avenue RailroadNew York City Court · 1890
3Cited by3 opinions
- O'Malley v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Arnesen v. Brooklyn City RailroadNew York City Court · 1894
- O'Malley v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896