Legal Opinion

Lehman v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Decided December 12, 1907Published

Appeal from Municipal Court, Borough of Manhattan,- Fourteenth District. Action by Allan Lehman against the New York City Railway Company. From a judgment for defendant, plaintiff appeals. Reversed, and new trial ordered.

1Per curiam

Action for damage to plaintiff’s automobile through defendant’s negligence. The plaintiff was proceeding south on Madison avenue and crossed 125th street to the south side, where he turned on the south-bound track, and ran along for a short distance in order to avoid a truck standing in the street. Just as he was leaving the south-bound track, and turning again off the track to the pavement, he was struck in the rear by the car of the defendant, which had been standing still on the north side of 125th street. The complaint was dismissed. Under the decision of Bang v. N. Y. Q. C. Ry. Co., 113…

2Cases cited2 opinions

  1. Bang v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
  2. Central Brewing Co. v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906

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