O'Malley v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, the Metropolitan Street Railway Company,'from a judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the clerk of the county of Kings on the 20th day of June, 1895 (as amended by an order entered in said clerk’s office on the 8th day of July, 1895), upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 1st day of July,. 1895, denying…
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■ Appeal by the defendant, the Metropolitan Street Railway Company,'from a judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the clerk of the county of Kings on the 20th day of June, 1895 (as amended by an order entered in said clerk’s office on the 8th day of July, 1895), upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 1st day of July,. 1895, denying the defendant’s motion for a new trial made upon the minutes. This action was brought to recover damages resulting from…
1Opinion of the Court
Per Curiam :
The evidence established that defendant’s car, which was being driven east along Madison street, in the city of New York, was preceded by a horse attached' to a light wagon driven in the street car-tracks. The wagon was eleven feet in length, had a box and tail board about eight inches high, and was loaded with a few boards thirteen feet in length, which rested upon the tail board and projected beyond the wagon about two feet. As the wagon came to the junction of Catherine and Madison streets it turned left and north from the track to pass into the former, street. The car was at…
2Cases cited2 opinions
- Marks v. Rochester Railway Co.New York Court of Appeals · 1895
- Witte v. Brooklyn City Railway Co.New York City Court · 1893
3Cited by3 opinions
- Wood v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Jackson v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Jackson v. Union Ry. Co. of New York CityAppellate Division of the Supreme Court of the State of New York · 1902