Boentgen v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Boentgen, 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 21st day of March,' 1898, upon the dismissal'of his complaint by direction -of :the court after a trial at the New York Trial Term,-and also from an order entered in said clerk’s office on the 29th day of March,'1898, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, William Boentgen, 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 21st day of March,' 1898, upon the dismissal'of his complaint by direction -of :the court after a trial at the New York Trial Term,-and also from an order entered in said clerk’s office on the 29th day of March,'1898, denying the plaintiff’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Goodrich, P. J.:
• The plaintiff sues to recover the damages sustained by him in consequence of being run down' by a car. of the defendant, which was. -operating a line of horse cars on Madison avenue in the borough of Manhattan. The answer denies any negligence on the .part of the defendant, and alleges contributory negligence on the part of the plaintiff. The court at Trial Term, at the close of the plaintiff’s evidence, dismissed the complaint, the plaintiff excepted and moved for a hew trial, the motion was denied, and from the judgment and order entered thereon the plaintiff appeals.- '■
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2Cases cited2 opinions
- Murphy v. . OrrNew York Court of Appeals · 1884
- Wihnyk v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Chunn v. City & Suburban RailwayCourt of Appeals for the D.C. Circuit · 1904
- Hernandez v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901
- Hernandez v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901