Vitelli v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court of New York City. Action by Francesco Vitelli and others, partners as L. Balbi & Co., against the Nassau Electric Railroad Company. From a judgment dismissing the complaint at the close of plaintiffs’ case, plaintiffs appeal.
1Opinion of the CourtHirschberg, J.
The action was brought to recover damages to property occasioned, as alleged in the complaint, by defendant’s negligence. The accident resulted in the killing of one of a team of horses belonging to the plaintiffs, and the injury of the other horse, in a collision with one of defendant’s cars at the corner of Van Brunt and Sackett streets, in Brooklyn. The trial was without a jury. The plaintiffs gave evidence which, if credited, tended to establish both the defendant’s negligence and the plaintiffs’ freedom from blame. Had the case, however, been submitted to the justice, and disposed of by…
2Cases cited6 opinions
- Place v. . HaywardNew York Court of Appeals · 1889
- Raabe v. . SquierNew York Court of Appeals · 1895
- Scofield v. . HernandezNew York Court of Appeals · 1872
- Cowen v. . PaddockNew York Court of Appeals · 1893
- Tucker v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schlesinger v. JudAppellate Division of the Supreme Court of the State of New York · 1901