Legal Opinion

Cushing v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904PublishedCited by 3 opinions

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 24th day of April, 19.03, upon the verdict of a jury for $1,000, and also from an order entered in said -.clerk’s office on the 24th day of April, 1903, denying the defendant’s motion for a new trial made upon.-the minutes.

1Opinion of the Court

McLaughlin, J.:

The plaintiff, the driver of a cab, endeavored .about nine o’clock in the evening of the '25th of July, 1900, to cross from the westerly to the easterly -side of Third avenue at its intersection with Twentieth street, and in doing so sustained personal injuries by one of defendant’s north-bound cars colliding with the cab which he was driving, and he brought this action to recover damages therefor, upon the ground that the same were caused solely by defendant’s negligence. He had a verdict, and from the judgment entered thereon defendant has appealed.

The conclusion at which we…

2Cases cited2 opinions

  1. Meeker v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
  2. Muessman v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by3 opinions

  1. Denver City Tramway Co. v. DoyleSupreme Court of Colorado · 1917
  2. Kroder v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
  3. Meyers v. BarrettAppellate Division of the Supreme Court of the State of New York · 1915

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