Kennedy v. Metropolitan St. Ry. Co.
New York Court of Common Pleas
Appeal from Third district court. Action by William Kennedy and John Kennedy against the Metropolitan Street-Bailway Company to recover for damages to plaintiffs’ wagon, caused by a collision with one of defendant’s cable cars at Fourteenth street, between University Place and Broadway. From a judgment entered on a verdict in favor of plaintiffs, defendant appeals.
1Opinion of the CourtBookstaver, J.
Plaintiffs’ driver, in attempting to cross defendant’s tracks, with a wagon heavily loaded, was warned that a car was coming on the downward track around the curve at University Place. He turned his horse back across the uptown track, and before he could cross the track the wagon was struck by an uptown car, which came around the curve at Broadway. He claimed that he looked both ways before starting across; saw the uptown car at Broadway and Fourteenth street, but did not see any car coming down. There is a conflict as to the speed of the uptown car and as to whether the motorman applied the…
2Cases cited3 opinions
- Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Baker v. Eighth-Avenue RailroadNew York Supreme Court · 1891
- Becht v. . CorbinNew York Court of Appeals · 1883
3Cited by3 opinions
- Evansville Street Railroad v. GentryIndiana Supreme Court · 1896
- Schulman v. Houston, W. S. & P. F. RailroadThe Superior Court of the City of New York and Buffalo · 1895
- Schulman v. Houston, West Street & Pavonia Ferry RailroadThe Superior Court of New York City · 1895