Smith v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
' Appeal by the plaintiff, Dennis Smith, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New- York on the 11th day of March, 1901, upoii the verdict of a jury rendered by direction of the court after á trial at the New Fork Trial Term dismissing the complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
On the ith day of November, 1897, at about four o’clock in the afternoon, plaintiff was seated upon a single coal wagon, driving *601easterly across Lexington avenue, at One Hundred and Twenty-fourth street, and a north-bound car of the defendant struck the left wheel of the wagon, precipitating him to the ground and inflicting certain injuries, to recover damages for which this action was brought. Plaintiff’s counsel duly excepted to the direction of a verdict and requested to be permitted to go to the jury upon all the questions in the case. The question presented by the appeal is…
2Cases cited1 opinion
- Hergert v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- W. T. Hanson Co. v. CollierNew York Supreme Court · 1906