Matulewicz v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24tli day of November, 1903, upon the verdict' of a jury for $900, and also from.an order entered in said clerk’s office on the 1st day of December, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff, while waiting for one of the defendant’s southbound electric cars to pass, was struck and injured by the coiled fender at the rear end of the car as it turned from'Madison avenue *231into Forty-second street, in the borough of Manhattan. He was standing far enough from the outer edge of the curve to allow the entire body of the car to pass him without collision, but so near as to come in contact with the rear end of the car as it swung around the corner. The question which the learned trial judge left to the jury was whether the motorman and conductor who had…
2Cases cited4 opinions
- Hayden v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1904
- Widmer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Garvey v. Rhode Island CompanySupreme Court of Rhode Island · 1904
- Suse v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by11 opinions
- Eckhart v. Marion, Bluffton & Eastern Traction Co.Indiana Court of Appeals · 1915
- Weir v. Kansas City Railways Co.Supreme Court of Kansas · 1921
- Townsend v. Houston Electric Co.Court of Appeals of Texas · 1913
- Zalewski v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1935
- Creenan v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
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