Dipaolo v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad Company, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of March, 1900, upon the-verdict of a jury for $500, .and also from an order entered in said clerk’s office on the 23d day of April, 1900, denying the defendant’s motion for a new trial made upoii the minutes.
1Opinion of the Court
Patterson, J.:
- The plaintiff, a sweeper in the employ of the street cleaning department of the. city of New- York, while at work sweeping between the rails of one of the tracks of the defendant’s road on Park Row, was injured by being struck, as he alleged, by one of the defendant’s cars. At the time he w;as struck he was bending over in the act of sweeping, facing to the south. He was hit in the forehead, the car approaching him from in front. On the trial, he and another witness swore positively that it was a car of the defendant by which he was struck ; while, on the contrary, the…
2Cases cited2 opinions
- Bengivenga v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Lehmaier v. BuchnerAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by7 opinions
- Driscoll v. California Street Cable RailroadCalifornia Court of Appeal · 1926
- Graves v. Portland Ry., Light & Power Co.Oregon Supreme Court · 1913
- O'Connor v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- McGrath v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905
- Reilly v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
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