Falke v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue 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 New York on the SOth day of March, 1898, upon the verdict of a jury for $9,000, as modified by an order entered in said clerk’s office on the 22d day of April, 1898, and also from an order entered in said clerk’s office on the Yth day of April, 1898, denying said defendant’s motion for a new trial made…
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Appeal by the defendant, The Third Avenue 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 New York on the SOth day of March, 1898, upon the verdict of a jury for $9,000, as modified by an order entered in said clerk’s office on the 22d day of April, 1898, and also from an order entered in said clerk’s office on the Yth day of April, 1898, denying said defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Cullen, J. :
This action was brought to recover damages for personal injuries sustained through a collision between a. Second avenue horse car, on *50which plaintiff was a passenger, and- a Third avenue cable car. At-the point where the collision occurred the roads of the two companies intersect substantially at right angles. The evidence was sufficient to justify the jury in finding that the collision was occasioned by the appellant’s negligence. But we feel constrainéd to reverse-the judgment for what we regard a substantial error in the charge. The learned trial court said to the jury: “ The…
2Cases cited2 opinions
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- Loudoun v. Eighth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Cunningham v. . DadyNew York Court of Appeals · 1908
- Stanbridge v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Lee v. Third Avenue RailroadCity of New York Municipal Court · 1901