Fishbach v. Steinway Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Queens county. Action by Jacob Fishbach against the Steinway Railway Company of Long Island City, for injuries to person and property caused by defendant’s negligence. From a judgment entered on the verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtHatch, J.
The testimony upon the part of the plaintiff tended to establish that at about 5:30 o’clock on the morning of December 11, 1895, he drove a covered baker’s wagon upon defendant’s tracks. He was accompanied by his son, who sat upon the seat in the wagon by his side. The wagon was first driven in the west-bound track, but, seeing a car approaching upon that track in his front, he turned off, and drove upon the east-bound track to allow the car to pass. Plaintiff and his son both testify that, when they came upon the east-bound track, they could see for a distance of two or three blocks; that…
2Cases cited10 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Rooks v. Houston, West Street & Pavonia Ferry RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Winter v. Crosstown Street RailwayThe Superior Court of the City of New York and Buffalo · 1894
- Kessler v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by4 opinions
- Devine v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Mapes v. Union RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Perras v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Weiss v. New York Rys. Co.Appellate Terms of the Supreme Court of New York · 1915