New York Small Stock Co. v. Third Ave. Railroad
New York Court of Common Pleas
Appeal from Seventh district court. Action by the Hew York Small Stock Company against the Third Avenue Railroad Company. Judgment was entered in favor of plaintiff, -and defendant appeals.
1Opinion of the CourtBookstaver, J.
This action is for damages claimed by plaintiff by reason of a collision between a wagon belonging to it and a cable car of the defendant at the intersection of TMrty-First street and TMrd avenue. From the evidence, we are very clearly of the opinion that the accident was due almost solely, if not entirely, to the negligence of plaintiff’s driver in the conduct of his vehicle. It is true that the driver testified that, when he was at the cross walk on Thirty-First street and Third avenue, he looked and saw the *62car, a block away, coining down town, and that he thought he had ample time to…
2Cases cited7 opinions
- Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
- Brown v. SullivanNew York Court of Common Pleas · 1892
- Corn v. RosenthalNew York Court of Common Pleas · 1892
- Hamilton v. Third Avenue RailroadNew York Court of Common Pleas · 1894
- Macniffe v. LuddingtonNew York Court of Common Pleas · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Northridge v. AstaritaAppellate Division of the Supreme Court of the State of New York · 1900
- Moore v. Kansas City Railways Co.Supreme Court of Kansas · 1921
- New York Small Stock Co. v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1896
- New York Small Stock Co. v. Third Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Terre Haute, Indianapolis & Eastern Traction Co. v. SawyerIndiana Court of Appeals · 1932