McKinley v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York •on the 2d day of May, 1902, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 4th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The plaintiff, while attempting to cross from the west to the east side of Sixth avenue, at or near the southerly crosswalk of Forty-first street, in the borough of Manhattan in the city of New York, was struck and seriously injured by an electric car operated by the defendant’s servants, on the westerly track of the defendant’s road on that avenue. He was walking forward, reached the westerly rail of the track, but was not able to turn or retrace his steps in time to avoid contact with the car. There was evidence to show that the car was proceeding at a very rapid rate of speed…
2Cases cited1 opinion
- Newall v. . BartlettNew York Court of Appeals · 1889
3Cited by2 opinions
- McKinley v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Connor v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902