Towner v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Judgment and order reversed and new trial granted, costs to abide the event.—Appeal from a judgment in favor of the defendant, and against the plaintiff," and from an order denying amotion for a new trial.—
1Opinion of the Court
Woodward, J.:
The- case of Hickman. v. Nassau Electric R. R. Co. (36 App. Div. 376) was not intended to lay down any new rule of law in negligence cases; 'it simply undertook to decide the question then before the court, and while we have no reason to doubt the correctness of that decision, it is not to be extended to cases in which the same circumstances are not present. In that case the cars were operated on Fifth ¿venue in the borough of Brooklyn; the numbered streets in that vicinity, of which Ninety-first is one, do not cross the avenue, so that the east side of that thoroughfare is a…
2Cases cited1 opinion
- Hickman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Burian v. Seattle Electric Co.Washington Supreme Court · 1901
- Beers v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Beers v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Halliday v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901