Bisogno v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff in the first-entitled action, Frank Bisogno, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 7th day of February, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of December, 1918, denying plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff in the first-entitled action, Frank Bisogno, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 7th day of February, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of December, 1918, denying plaintiff’s motion for a new trial made upon the minutes. Appeal by the plaintiff in the second-entitled action, Fedele Bisogno, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of…
1Dissent
Smith, J. (dissenting):
The accident happened on Trinity place, about sixty feet south of Edgar street, which runs west from Trinity place. The distance between the west curb of Trinity place and the south-bound track, at the point of the accident, was between twelve and thirteen feet. The time of the accident was about *322four-thirty p. m. The boy was nine years of age. He was upon the defendant’s south-bound track and a car coming from the north struck him and caused his injuries. There is a conflict of evidence as to the circumstances under which the accident happened. From the testimony of…
Also in this document: Concurrence.
2Cases cited8 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Silliman v. . LewisNew York Court of Appeals · 1872
- Feldman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Mallard v. Ninth Ave. R. Co.New York Court of Common Pleas · 1889
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