Netterfield v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rew York City 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 Rew York on the 11th day of February, 1908, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 10th day of February, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Concurrence
McLaughlin, J. (concurring):
I concur in the opinion of Mr. Justice Ingraham except in so far as he holds that there was a question for the jury as to plaintiff’s contributory negligence. Upon that subject I think the evidence is insufficient to sustain a finding that he was free from negligence, When the plaintiff first drove out of the stable (which was located between Fifty-fourth and Fifty-fifth streets) he saw the car, which subsequently collided with the carriage, approaching at or near Fifty-fifth street. He then endeavored to drive across the tracks ahead of the car, without noticing…
2Cases cited2 opinions
- Baxter v. Auburn & Syracuse Electric RailroadNew York Court of Appeals · 1908
- Litzour v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906