Lamm v. Metropolitan St. Ry. Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by Harry Lamm against the Metropolitan Street Railway Company. From a City Court judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtFitzgerald, J.
The statements made by plaintiff’s witnesses are unsatisfactory and contradictory. Nathan Ottensozer, the principal witness, at one time stated that plaintiff was on the northwest corner of Eighty-Sixth street and Madison avenue, "waiting to cross”; later, that he was between the north and south bound tracks; and, still later, that it was on the southerly crosswalk of Eighty-Sixth street and Madison avenue that he first saw Lamm. Loeb, the only other witness called on behalf of the plaintiff on the *391issue of negligence, did not say that he saw the motorman nod or beckon to plaintiff to cross,…
2Cases cited2 opinions
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Mulligan v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
3Cited by2 opinions
- Lamm v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905
- Lamm v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905