Galligan v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the General Term of the City Court of the city of New York, affirming a judgment of the Trial Term in favor of plaintiff, and from an order denying the defendant’s motion for a new trial. The action wias brought to recover damages for alleged negligence.
Read the full summary
Appeal from a judgment of the General Term of the City Court of the city of New York, affirming a judgment of the Trial Term in favor of plaintiff, and from an order denying the defendant’s motion for a new trial. The action wias brought to recover damages for alleged negligence. The plaintiff, a member of the New York City Eire Department, was being driven back from a fire upon a hose cart or tender, moving west, when, at a street crossing, a north-bound car of the defendant struck the tender and threw the plaintiff to the ground to his personal injury. The question addressed to the "witness…
1Opinion of the CourtO'Gorman, J.
The instruction to the jury that the negligence
of the driver of the tender might be imputed to the plaintiff was erroneous (Lewin v. Lehigh Valley R. R. Co., 41 App. Div. 89), but as the defendant could not be harmed thereby, it need not receive further consideration. The judgment must be reversed, however, for error committed in allowing the witness Nott to express an opinion as to whether the defendant’s car, or the tender, could have first crossed the point of intersection where the collision occurred. This bore directly upon the vital question in the case, and was not a subject requiring…
2Cases cited2 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Lewin v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Bacigalupo v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901