Legal Opinion

Mattes v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Decided November 3, 1905Published

Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Matthias Mattes against the New York City Railway Company. From a Municipal Court judgment in favor of defendant, plaintiff appeals.

1Opinion of the CourtFitzgerald, J.

Plaintiff was the driver of a brewery wagon, and was making deliveries of beer on Second avenue. After stopping at Thirty-Ninth street, he crossed to the west side of the avenue, and drove south about a block and a half, which brought him to the middle ■of the block between Thirty-Eighth and Thirty-Seventh streets. Desiring at this time to make a delivery on the east side of second avenue, at a saloon 60 feet north of Thirty-Seventh street, or about 40 feet south, on the other side of avenue, of his then immediate starting point, he drove diagonally across, heading his team southeasterly, and…

2Cases cited3 opinions

  1. Kennedy v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  2. Hergert v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
  3. Meyer v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896

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