Harvey v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Nassau Electric 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 3d day of May, 1898, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 23d day of May, 1898, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Nassau Electric 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 3d day of May, 1898, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 23d day of May, 1898, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries sustained by the plaintiff in consequence of a collision with one of the defendant’s cars.
1Opinion of the Court
Hatch, J.:
The evidence in this case was probably sufficient to authorize the submission by the court to the jury of the questions of negligence and contributory negligence. The court, however, fell into error in *308its charge to the jury, and for this error the judgment must be reversed.
Tire defendant requested the court to charge as follows : “ If the plaintiff saw the approaching car and did not take proper steps to avoid it he is chargeable with negligence. That he is not at liberty to take even doubtful chances of the consequence of crossing the street in the face of danger, or of reliance…
2Cases cited3 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- 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
- Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912
- Wood v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Kear v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907