Falke v. Second Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Caroline Falke against the Second Avenue Railroad Company and the Third Avenue Railroad Company. From a judgment for plaintiff, and order denying a motion for a new trial, the Third Avenue Railroad Company appeals. Transferred from First to Second department.
1Opinion of the CourtCullen, J.
This action was brought to recover damages for personal injuries sustained through a collision between a Second Avenue horse car, on which plaintiff was a passenger, and a Third Avenue cable car. At the point where the collision occurred the roads of the two companies intersect substantially at right angles. The evidence was sufficient to justify the jury in finding that the collision was occasioned by the appellant’s negligence. But we feel constrained to reverse the judgment for what we regard a substantial error in the charge. The learned trial court said to the jury:
“The accident which…
2Cases cited3 opinions
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- Loudoun v. Eighth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Loudoun v. Eighth Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1897