McKelvey v. Twenty-Third Street Railway Co.
The Superior Court of the City of New York and Buffalo
Action by John McKelvey against the Twenty-Third Street Railway Company. The complaint was dismissed at the trial, and plaintiff moves for a new trial on the minutes.
1Opinion of the CourtMcADAM, J.
The plaintiff, on September 9, 1891, was engaged in shoveling a large wagon, tracks of the defendant’s road, in front of the Young Men’s Christian Association building, in Twenty-Third street, near Fourth avenue, in this city. The head of the wagon was faced to the east, and the plaintiff was working at the rear end of it. The wagon stood about 18 inches from the track, so that there was plenty of room for the cars to pass, and, consequently, room enough for the plaintiff to work without interfering with the passage of the cars upon the tracks. Car No. 18 of the defendant’s line came along…
2Cases cited13 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
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3Cited by2 opinions
- Reilly v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Reilly v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901