Legal Opinion

Ahrens v. Union Railway Co.

Appellate Terms of the Supreme Court of New York

Decided February 7, 1908Published

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by. Henry J. Ahrens against the Union Railway Company. Erom a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.

1Per curiam

The action is for damages to plaintiff’s horse and carriage, by reason of a collision with one of defendant’s cars. Plaintiff’s horse and wagon were in charge of one Curren, who testified as follows:

“Q. And what took place then? A. He (the motorman) says, T can’t wait for you all day,’ and he gave his brake, and started on, and threw me out of the way. Q. Where did the car hit you then? A. The car hit the side of the fender, and crushed the wheel, a front wheel; yes, the front left-hand wheel.”

He afterwards testified that the motorman said, “I can’t wait for you all day,” and released his…

2Cases cited1 opinion

  1. Barry v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905

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