Volosko v. Interurban Street Railway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division, of the Supreme Court in the second judicial department, entered June 8, 1906, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial, and granted a new trial. . This action was brought to recover damages alleged to have been sustained by the plaintiff through .the negligence of the defendant.
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Appeal from an order of the Appellate Division, of the Supreme Court in the second judicial department, entered June 8, 1906, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial, and granted a new trial. . This action was brought to recover damages alleged to have been sustained by the plaintiff through .the negligence of the defendant. At the close of the evidence for the plaintiff he was nonsuited by the trial justice, but on appeal to the Appellate Division the judgment was…
1Opinion of the CourtVann, J.
The plaintiff was injured in an accident which occurred on the afternoon of May 12th, 1903, near the middle of the block which lies on East Tenth street between Avenues A and B in the borough of Manhattan. Said block is six hundred feet long and the double tracks of the defendant’s electric railroad extend through it with a branch curving around the corner into each of said avenues. The plaintiff was engaged in unloading blocks of marble from a wagon standing north of and parallel to the north rail of the north track. The distance between that rail and the hub of the rear wheel nearest…
2Cases cited2 opinions
- Smith v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
- O'Connor v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by26 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Kuzuf v. GebhardtSupreme Court of Missouri · 1980
- Gloshinsky v. Bergen Milk Transportation Co.New York Court of Appeals · 1938
- Lagoy v. . Director-General of RailroadsNew York Court of Appeals · 1921
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