Legal Opinion

Freeman v. Brooklyn Heights RailRoad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903Published

Appeal by the plaintiff, John A. Freeman, from a judgment of the County Court of Kings county in favor of the defendant, entered in the office of the clerk of the county of Kings on the 16th day of January, 1903, upon the verdict of a jury rendered by direction of the court, 'and also from an order entered in said clerk’s office on the 16th day of February, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hooker, J.:

Plaintiff was being driven by another person easterly on Fulton street in the borough of Brooklyn,, upon the southerly or eastbound track of the defendant’s railroad. When .a few feet west of the westerly intersection óf Fulton street with Hudson avenue, the driver turned to take a diagonal course across from that point to the northeast corner of those- two streets. At the time the wagon was turning upon its new course, one of the defendant’s cars was approaching from the east on the northerly track, as the plaintiff’s witnesses say, at a speed much greater than is usual, and was…

2Cases cited2 opinions

  1. Bresky v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  2. Murray v. WestonAppellate Division of the Supreme Court of the State of New York · 1897

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