Legal Opinion

Meyer v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 6 opinions

• . .Appeal, by the defendant,. The Brooklyn Heights Railroad Company,, from; a judgment, of, the Supreme Court in favor .of .the plaintiff,, entered. in the office of the: clerk of the county of Kings, on-., the -13th. day of-..March,. 1896, upon the verdict of a jury rendered after - a trial at a Trial- Term of the; Supreme Court held," In and for the ¡county of Kings, and also from an order entered in said clerk’s- office .'on .the lgtli day of March, 1896, denying the…

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• . .Appeal, by the defendant,. The Brooklyn Heights Railroad Company,, from; a judgment, of, the Supreme Court in favor .of .the plaintiff,, entered. in the office of the: clerk of the county of Kings, on-., the -13th. day of-..March,. 1896, upon the verdict of a jury rendered after - a trial at a Trial- Term of the; Supreme Court held," In and for the ¡county of Kings, and also from an order entered in said clerk’s- office .'on .the lgtli day of March, 1896, denying the defendant’s motion- for a new trial made upon the minutes.- ■ . - This action was brought.to recover- the damages…

1Opinion of the Court

Willard Bartlett, J.;

The jilaintiff in this action did not sustain the burden.which the. law placed upon him of proving his own freedom from contributory negligence. ;

The accident which -gavel rise to the suit occurred-, on Kulton avenue near Throop avenue in the city of Brooklyn, on. the 29th day of September, 1894,. at about nine o’clock in the evening. The plaintiff had'been driving in a buggy along the south, side of Fulton avenue in an 'easterly .direction. ; When he reached a point about' seventy-five or eighty feet ¡from.. Throop avenue, lie turned his horse to.-the. left. So-..as…

2Cited by6 opinions

  1. Schron v. Staten Island Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  2. Reiss v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1899
  3. Brozek v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
  4. Mattes v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905
  5. Meyer v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1900

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