Peterson v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Henry Peterson against the New York City Railway Company. From a judgment for plaintiff, defendant appeals.
1Per curiam
Our attention has been called to but one exception to the evidence, and that was to the question asked one of the witnesses—if he was in a position to hear if any bell had been rung or gong sounded. We are of the opinion that this exception was not well taken. Under the circumstances of the case, the answer did not injure the appellant. Whether plaintiff heard or did not hear the bell was immaterial. Even if he had *23heard the bell, and did not get off the track, the defendant had no right to run into plaintiff and inflict the injuries that were inflicted. Cohn v. Met. St. Ry. Co., 34 Misc.…
2Cases cited3 opinions
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Cohen v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901
- Bird v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1896