Schmedding v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Schmedding, from a judgment of the County Court of the county of Queens in favor of the defendant, entered in the office of the clerk of the county of Queens on the 2éth day of September, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of October, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
This is a negligence suit arising out of a collision between the plaintiff’s wagon and one of the defendant’s trolley cars on Steinway avenue, in the borough of Queens, at or near the intersection of that avenue with Frankfort street. There was a verdict for the defendant, and the only questions presented upon this appeal relate to a refusal of the court to charge a request by the plaintiff and to a modification of that request.
The following extract from the record shows the manner in which these points were raised: “ Plaintiff’s counsel requested the court to charge the…
2Cases cited2 opinions
- O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Smith v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1905
- Willson v. Fisher, New York County Courts1912
- Gilman v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907