Nead v. Roscoe Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Joseph Nead against the Roscoe Lumber Company. From a judgment for plaintiff and an order denying defendant’s motion for a new trial, defendant appeals.
1Opinion of the CourtJenks, J.
This is an action for damages caused by negligence. About 8 o’clock a. m. of April 25, 1899, the plaintiff, while driving an ash cart along Norman avenue, Brooklyn, stopped at a watering trough located on the sidewalk on his left-hand side, about 34 feet beyond the intersection of Manhattan avenue. The back of the cart was towards Manhattan avenue, with the rear wheel about 26 feet therefrom. The cart was 7 feet wide, with a box 8 feet long, and the distance from the front of the body of the cart to the end of the pole was 3£ feet. The left-hand rear wheel was then 3 feet from the curbstone,…
2Cases cited7 opinions
- Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
- Smith v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
- Duffy v. City of DubuqueSupreme Court of Iowa · 1884
- Quinn v. O'KeeffeAppellate Division of the Supreme Court of the State of New York · 1896
- Quirk v. HoltMassachusetts Supreme Judicial Court · 1868
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