Reens v. Mail & Exp. Pub. Co.
New York Court of Common Pleas
Appeal from trial term. Action by Henry Eeens against the Mail & Express Publishing Company for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The plaintiff alighted from a street car, and sought to reach the sidewalk. When in the act of crossing the street from the track to the curb, he was struck by a wagon in the control of defendant’s servant, and sustained injuries, for which damages are here claimed. Appellant’s argument for a reversal on the facts appears to proceed upon the mistaken theory that, as between plaintiff and the defendant’s driver, the sole duty of care in avoiding the accident in question rested upon the former when attempting to cross the street. The fact that plaintiff looked up and down the street when beside…
2Cases cited12 opinions
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Starin v. . KellyNew York Court of Appeals · 1882
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- People of the State of New York v. . DowlingNew York Court of Appeals · 1881
- Seaman v. . KoehlerNew York Court of Appeals · 1890
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3Cited by3 opinions
- Eckensberger v. AmendNew York Court of Common Pleas · 1894
- Cherbuliez v. ParsonsNew York Supreme Court · 1908
- Kayser v. New York Mail Co.Appellate Terms of the Supreme Court of New York · 1912