Williams v. O'Keefe
The Superior Court of New York City
Bosworth, Oh. J., Moncrief, Robertson, Barbour and Monell, Justices. Appeal from a judgment. Case was tried by.a jury. On the 23d of November, 1859, in the evening, plaintiff was passing up the Bowery. When crossing Second street the plaintiff was struck by one of the defendants’ stages, (whose route lay through the Bowery and Second street.) The pole struck the plaintiff, knocked him down, broke his arm and injured his neck.
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Bosworth, Oh. J., Moncrief, Robertson, Barbour and Monell, Justices. Appeal from a judgment. Case was tried by.a jury. On the 23d of November, 1859, in the evening, plaintiff was passing up the Bowery. When crossing Second street the plaintiff was struck by one of the defendants’ stages, (whose route lay through the Bowery and Second street.) The pole struck the plaintiff, knocked him down, broke his arm and injured his neck. The plaintiff testifies that the stage was going “ furious,” “ pretty hard,” “ a hard trot,” “ going fast.” The plaintiff offered in evidence an ordinance of the…
1Opinion of the Court
By the court, Monell, J.
There was no valid objection to proving the corporation ordinance regulating the rate of speed of vehicles in the city. The objection to it was, that no infraction of it having been shown, it was immaterial. It does not appear for what purpose it was offered, and although it furnished no evidence of negligence in fact on the part of the defendants, (Brown agt. The B. & S. L. R. R. Co., 22 N. Y. R., 191,) yet it seems to me it was proper and competent evidence for another purpose, namely, as tending to prove, in connection with other testimony, that there was no…
2Cited by6 opinions
- Orcutt v. Pacific Coast Railway Co.California Supreme Court · 1890
- Harker v. GruhlIndiana Court of Appeals · 1916
- Sandifer v. LynnMissouri Court of Appeals · 1893
- Baxter v. Second Avenue RailroadThe Superior Court of New York City · 1865
- Massoth v. Delaware & Hudson Canal Co.New York Supreme Court · 1876
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