Legal Opinion

Daly v. New York City Railway Co.

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

Decided May 7, 1909No. Action No. 1PublishedCited by 1 opinion

Appeal by the plaintiff, Walter Daly, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 8th day of August, .1907, upon the dismissal of the complaint by direction of the court after a trial at the Westchester Trial Term.

1Opinion of the Court

Hirschberg, P. J.:

The nonsuit was. proper under the authorities. The plaintiff, accompanied by his wife, was injured in the borough of Manhattan on the evening of December 25, 1903. They had just arrived in the city of Mew York on their way from Roxbury Station, Conn., to visit a daughter in Paterson, M. J. They boarded-a Fourth >avenue car at Forty-second street, and left it at the southwest corner of Twenty-third street and Fourth avenue.. They intended to take a West Twenty-third street ferry to Mew Jersey, and for that purpose attempted to cross to the north side of Twenty-third street to…

2Cases cited3 opinions

  1. Lofsten v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
  2. Tully v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. Lofsten v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by1 opinion

  1. Wecker v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1910

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