Piercy v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, entered in favor of the plaintiffs, for $176.84, damages and costs, upon the verdict of a jury. The opinion states the nature of the action, and the facts, so far as they are material.
1Opinion of the CourtGriegerich, J.
The action is to recover damages for injuries to the plaintiffs’ wagon, harness, and the uniform of their (Liver, under the circumstances hereinafter stated. The answer denied that the accident was due to the negligence of the defendant’s servants, and alleged the contributory negligence of the plaintiffs’ driver. .
The latter testified that, on August 8, 1899, at about eleven o’clock in the forenoon, he was driving a horse drawing a delivery wagon easterly along Thirty-ninth street, and that, when within ten feet of the westerly crossing on Sixth avenue, he looked up and down that…
2Cases cited6 opinions
- Murphy v. . OrrNew York Court of Appeals · 1884
- Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Kennedy v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Smith v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Curtin v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1897
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