Bernstein v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough, of Manhattan, Thirteenth District. Action by Samuel Bernstein against the New York City Railway Company. From a Municipal Court j'udgment in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtScott, J.
The plaintiff wholly failed to bear the burden of showing that he was free from contributory negligence. He was driving a covered delivery wagon south on Suffolk street toward Delancey street upon which there are two railroad tracks, the eastbound and west-bound. Plaintiff testified that when his horse’s head was at the north curbstone of Delancey street he saw the' defendant’s car approaching rapidly on the east-bound or southerly track (the furthest from the plaintiff) ; that the car was about half a block away, and running very fast; that he drove on without accelerating his horse’s speed,…
2Cases cited1 opinion
- Lynch v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Woodward v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1914