Legal Opinion

Reilly v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1901PublishedCited by 3 opinions

Appeal from trial term, Kings county. Action by Annie Reilly, as administratrix of Patrick Reilly, deceased, against the Brooklyn Heights Railroad Company. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.

1Opinion of the CourtWillard Bartlett, J.

This action arose out of a collision between one of the defendant’s electric cars and a coach driven by the plaintiff’s intestate, who was thrown from his seat and instantly killed. The collision occurred on Fulton street, in Brooklyn, near *1081the intersection of Clermont avenue. Gates avenue enters Fulton street immediately east of Clermont avenue, at an angle of about 45°. The coach had come out of Clermont avenue, and was moving up and across Fulton street, north and east, toward Gates avenue, when it was struck and demolished by the defendant's west-bound car, wdiich was propelled so rapidly…

2Cases cited4 opinions

  1. Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
  2. Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  3. Schmitt v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
  4. McKelvey v. Twenty-Third Street Railway Co.The Superior Court of the City of New York and Buffalo · 1893

3Cited by3 opinions

  1. Missouri, K. & T. Ry. Co. v. WestSupreme Court of Oklahoma · 1913
  2. Elgin Dairy Co. v. ShepherdIndiana Supreme Court · 1915
  3. Indianapolis Street Railway Co. v. TennerIndiana Court of Appeals · 1903

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