Little v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick Little, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of January, 1903, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Concurrence
O’Brien, J. (concurring):
In this case, as in the recent cases of Schwarzbaum v. Third Ave R. R. Co. (60 App. Div. 274); Schoener v. Met. St. Ry. Co. (72 id. 23), and Pelletreau v. Met. St. Ry. Co. (74 id. 192), which resulted in decisions of this court adverse to the defendants therein, the plaintiff, after passing behind a car upon one track was struck, as lie-proceeded on his way across the street, by a car on the other track. In the Schwarzbaum Case (supra) it was said in the opinion : “ The plaintiff and her husband had their view obstructed until they were almost upon the uptown track,…
2Cases cited3 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Handy v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Schwarzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1901