Boston Insurance v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Boston Insurance Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of June, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of July, 1917, denying plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Shearn, J. (dissenting):
This action was brought by the plaintiff as assignee of C. W. Cavanaugh, the owner of an automobile insured by the plaintiff, to recover damages resulting to the automobile as a result of a collision with one of defendant’s cars, to which claim the plaintiff insurance company was subrogated.
The collision occurred at about midnight October 5, 1915, at the intersection of Forty-fifth street and Sixteenth avenue, Brooklyn. Forty-fifth street runs east and west and Sixteenth avenue runs north and south. The automobile was proceeding westerly on Forty-fifth street and the…
2Cases cited2 opinions
- McCarragher v. ProalAppellate Division of the Supreme Court of the State of New York · 1906
- Demarest v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905