Weingarten v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway 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 16th day of October, 1900, upon the verdict of a jury for $3,000, and also from an order entered in said clérk’s office on the 18th day of October, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action was brought to recover damages sustained by plaintiff through the alleged negligence of defendant. A contractor was erecting a new house on the north side of Twenty-eighth street, between Lexington and Third avenues, and plaintiff was employed on the job as an iron worker. Defendant operated a single-track, horse-car railroad through Twenty-eighth street.- Between the track and the northerly sidewalk building material occupied most of the carriageway in front'of the premises upon which the new. house was being constructed. A runway had been constructed of timbers,…
2Cited by1 opinion
- Harris v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902