Legal Opinion

Rohe v. Third Ave. Railroad

New York Court of Common Pleas

Decided January 7, 1895PublishedCited by 1 opinion

Appeal from Eighth district court. Action by Florian Rohe and another against the Third Avenue Railroad Company. From a judgment in favor of defendant rendered by the justice without a jury, plaintiffs appeal.

1Opinion of the CourtBookstaver, J.

Plaintiffs sued to recover damages for an injury to one of their delivery wagons, due to a collision-with one of the defendant’s cable cars. The justice decided that the plaintiffs’ driver was guilty of contributory negligence, and that they, therefore, could not recover. The whole case, in this aspect, rests upon the testimony of the driver of the wagon. He turned his horses from in front of a store on the easterly side of Third avenue, just north of Twelfth street, and drove directly across the avenue in a westerly •direction. Before he “struck” the uptown—that is, the easterly— track he…

2Cited by1 opinion

  1. Acampora v. WhitridgeAppellate Terms of the Supreme Court of New York · 1911

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