Wagner v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Edward Wagner, by his guardian ad litem, Louis Ehrhardt, against the Metropolitan Street Railway Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtIngraham, J.
The plaintiff testified that on the 4th of July, 1900, he started off on his regular milk route, driving a milk wagon belonging to his employer; that he drove upon Third avenue at Forty-Seventh street, on the west side, between the elevated pillars and the sidewalk; that when just south of Forty-Fifth street he turned on the south-bound track of the defendant’s railway; that when he pulled on the track he looked to see whether any cars were coming or not; that the street was well lighted, and he could see from five to six blocks; that he drove on the south-bound track down to Forty-Fourth…
2Cases cited1 opinion
- Bruss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Denver City Tramway Co. v. BrownSupreme Court of Colorado · 1914
- Resnick v. JolineAppellate Terms of the Supreme Court of New York · 1909