Pelletreau 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 5th day of February, 1902, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 14th day of February, 1902, denying the defendant’s motion for a new trial made upon the minutes.
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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 5th day of February, 1902, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 14th day of February, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action is to recover for personal injuries sustained, as alleged, through defendant’s negligence, by the plaintiff who, after alighting about noontime of May 9, 1901, from…
1Opinion of the Court
O’Brien, J.:
The insistence of the defendant upon this appeal as upon the trial is that the plaintiff failed to present evidence sufficient to warrant the inference that the motorman was negligent or that the plaintiff was free from contributory negligence, and that the proof offered shows on the contrary that the accident was one which only the plaintiff could have averted. It is claimed that immediately before the plaintiff was struck, it was impossible, owing to the presence of the uptown car which had stopped at the north crossing, either for the motorman to see her or for her to see the…
2Cases cited3 opinions
- Schwarzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Schoener v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- McCluskey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by10 opinions
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Coel v. Green Bay Traction Co.Wisconsin Supreme Court · 1911
- Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Wall v. International Railway Co.New York Court of Appeals · 1922
- Provoost v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
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