Sexton v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Edward Sexton, for a new trial upon a case containing exceptions,, ordered to be heard at the Ajppellate Division in the first instancé, upon the dismissal of the complaint by. direction of the court after a trial at the Kings County Trial Term.
1Per curiam
The defendant operated a horse railroad on Twenty-third street, in the .city of New York. On the day of the accident, the ¡plaintiff *27and a man named Benson were standing on the southeast corner of Twenty-third street and Second avenue. One of defendant’s cars came along from the east, moving westerly toward Second avenue. Plaintiff and Benson stepped forward toward the street, Benson signaling to the driver of the car by raising his hand, and the plaintiff hailing him by call. The movement of the car was thereupon slowed down to less than an ordinary walk. The plaintiff and Benson went…
2Cases cited2 opinions
- Eppendorf v. . B.C. and N.R.R. Co.New York Court of Appeals · 1877
- Dean v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by8 opinions
- Johnston v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bessenger v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Berry v. Utica Belt Line Street RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Berry v. Utica Belt Line St. R.Appellate Division of the Supreme Court of the State of New York · 1902
- Hirschberg v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1909
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