Brown v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of November, 1900, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 10th day of December, 1900, 'denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
On Sunday, the 19th of April, 1898, the plaintiff was riding a bicycle down Broadway. For some distance above Canal street he had been riding on the slot in the western track of the defendant’s road. Just before reaching Canal street he came to a place where the slot was considerably wider than in other places, and at that point the forward wheel of his bicycle went through the slot down to the hub so that the plaintiff was thrown over the handle bars and seriously injured. For these injuries he brought this action to recover damages. The complaint contained an allegation that the…
2Cases cited1 opinion
- Clifford v. . DamNew York Court of Appeals · 1880
3Cited by10 opinions
- Stern v. International Railway Co.New York Court of Appeals · 1917
- Green v. City of MechanicvilleNew York Court of Appeals · 1935
- Hubbs v. SchwaneflugelAppellate Division of the Supreme Court of the State of New York · 1903
- District of Columbia v. CatonCourt of Appeals for the D.C. Circuit · 1918
- Griffin v. Interurban Street Railway Co.New York Supreme Court · 1905
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