Southee v. Binghamton Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Binghamton 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 Broome on the 17th day of October, 1914, upon the verdict of a jury for $1,000 rendered after a trial at the Broome Trial Term, and also from an order entered in said clerk’s office on the 26th day of October, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
The only question involved upon this appeal is whether the court erred in its refusal to charge the jury that at the point of accident the defendant had the paramount right of way. The collision out of which this accident arose occurred on Chenango street, which is one of the most traveled streets of the city of Binghamton, about six o’clock on the afternoon of April 1, 1914. The one-horse express wagon in which the plaintiff was seated, and of which he was in charge, or a projecting trunk thereon, was struck by one of the defendant’s trolley cars approaching from the rear, and the plaintiff…
2Cases cited3 opinions
- O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
- Moore v. . Rochester Railway Co.New York Court of Appeals · 1912
- Black v. Staten Island Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899