McCann v. . Sixth Ave. R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior-Court of the city of Hew York, entered upon an order made January Y, 1889, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting' plaintiff on trial, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Superior-Court of the city of Hew York, entered upon an order made January Y, 1889, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting' plaintiff on trial, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff’s evidence was to the effect that in crossing Sixth avenue, in the city of Hew York, upon which there are two tracks of defendant’s road, he found his way blocked by a car on the nearest…
1Opinion of the CourtDanforth, J.
This appeal must prevail.
There was, in the first instance, on the part of the plaintiff, evidence of a conclusive nature, and which, if credible, would amount to proof of the negligence alleged in the complaint as ground of defendant’s liability. The place of injury was a public street and the defendant’s car was running up town at an unlawful speed. The way was thus made dangerous to a wayfarer, the horses themselves rendered less manageable and the car more difficult to stop. There was also evidence of the same nature, derived from positive testimony and circumstances attending the…
2Cited by11 opinions
- Ansteth v. Buffalo Railway Co.New York Court of Appeals · 1895
- Wilcox v. SelleckNew York Supreme Court · 1895
- Kanaley v. Delaware, Lackawanna & Western RailroadCourt of Appeals for the Second Circuit · 1959
- Ansteth v. Buffalo Railway Co.Superior Court of Buffalo · 1894
- Ansteth v. Buffalo Railway Co.Superior Court of Buffalo · 1894
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