Weiss v. New York Rys. Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Morris Weiss against the New York Railways Company. From a judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtGuy, J.
The action was to recover damages for personal injuries. • On December 1, 1914, plaintiff was driving a one-horse wagon westerly on Eighth street, between Mercer and Greene streets. At or near Greene street the outside rear wheel of the wagon was struck by one of the defendant’s west-bound cars, and the plaintiff claims he was thrown off the wagon by the collision, thus receiving the injuries complained of.
The accident happened in broad daylight. The plaintiff testified the horse was walking along the west-bound track; that plaintiff looked back to see if he could turn down Greene street;…
2Cases cited4 opinions
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Schilling v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Cohen v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901