Maercker v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick Maercker, from a judgment of the Supreme Court in favor: of the defendant, entered in the office of the elerk of the county of Kings on the 20th day of March, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
This is an action to recover for personal injuries alleged to have been sustained through the negligence of the defendant. The plaintiff, a man of about sixty years of age, was a passenger upon the defendant’s Grand street car on the night of the 28th of August, 1904, en route to his home, 379 South First street, Brooklyn. He had been making this same trip almost nightly for a considerable length of time, and he testifies that the car had been stopped, on his signal, at the near crossing of Hooper street, where he flighted, during a period of about three years. There is a curve…
2Cases cited1 opinion
- Whitaker v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902