Hennessy v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of June, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day of June, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff at the time hereinafter referred to was working as a laborer on the pavement of Third avenue, Brooklyn, near or between the rails of the defendant’s road. A wagon came to the place and there was some conversation with the driver as to his driving or continuing in the track where men were at work. Just as the wagon was passing, a car of the defendant struck the plaintiff so that he was thrown under the wheels of the forward truck, which ran over his leg, and he received an injury which necessitated its amputation. The defendant moved for a dismissal of the…
2Cases cited1 opinion
- Degraw v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- O'Connor v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901