Benjamin v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by Jeanette Benjamin against the Metropolitan Street Railway Company. From a judgment for defendant, entered on a dismissal of the complaint at the close of plaintiff’s evidence, plaintiff appeals. Reversed.
1Opinion of the CourtFreedman, P. J.
This is one of the ordinary actions brought to recover damages for defendant’s alleged negligence. The testimony of the plaintiff was uncontradicted, and her complaint was dismissed on the merits upon the close of the case on motion made by defendant’s counsel. The substance of plaintiff’s testimony is sub- ° stantially as follows: She was, on December 17, 1901, employed at Simpson, Crawford & Simpson’s, on Sixth avenue, and resided with her mother at No. 15 Avenue A. She left her home about 7:30 a. m., her' object being to reach Sixth avenue and Twenty-First street. She went down Avenue A…
2Cases cited3 opinions
- Handy v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Bruss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- St. John v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
3Cited by1 opinion
- Barth v. Borden's Condensed Milk Co.Appellate Terms of the Supreme Court of New York · 1907