McDermott v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph McDermott, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 10th day of January, 1903, as amended by an order entered in said clerk’s office on the 11th day of February, 1903, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s evidence upon a trial at the Kings County Trial Term.
1Opinion of the Court
Willard Bartlett, J.:
This is an action to recover damages for' personal injuries, in which the complaint was dismissed chiefly on the ground that the evidence established contributory negligence on the part of the plaintiff as matter of law.
The plaintiff was struck ánd injured by one of the electric cars of the defendant while endeavoring to cross its tracks in the night *215time on Third avenue near Sixty-third street in the borough of Brooklyn. According to the plaintiff’s testimony and that of a friend who was with him, the car was visible and was apparently four hundred feet distant when he…
2Cases cited1 opinion
- Legare v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- Ashley v. Kanawha Valley Traction Co.West Virginia Supreme Court · 1906
- Gordon v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1945
- Holloway v. McWilliamsAppellate Division of the Supreme Court of the State of New York · 1904
- Polacci v. Interurban St. Ry. Co.Appellate Terms of the Supreme Court of New York · 1904