Hoyt 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 14th day of December, 1901, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 23d day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
We think the evidence in this case was sufficient to carry it to the jury upon the question of the negligence of the defendant and of contributory negligence upon the part of the plaintiff. As bearing upon the first proposition, the jury had the right to find that the car was being operated at the time of the accident at a dangerous rate of speed, and that the motorman was not at the time directing *250his attention to the crosswalk or to pedestrians who might be passing over the same. Bearing thereon, testimony was given that the car was going at a very rapid rate, and that it ran a…
2Cases cited6 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Dunican v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Handy 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
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
- Hynek v. City of SeattleWashington Supreme Court · 1941
- Nashville, C. & St. L. Ry. v. ReevesCourt of Appeals of Tennessee · 1941
- Thompson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Toledo Railways & Light Co. v. PolandOhio Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.