Legal Opinion

Mowbray v. Brooklyn Heights Railroad

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

Decided March 15, 1901PublishedCited by 2 opinions

Appeal by the defendant, The Brooklyn Heights 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 Kings on the 10th day of January, 1900, upon the verdict of a jury and also from an order entered in said clerk’s office on the 5th day of February, 1900, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Woodward, J.:

This is an action to recover damages for personal injuries, alleged to have been sustained through the negligence of the defendant. There was a conflict of evidence as to the circumstances surrounding the accident, but if we. accept the statement most favorable to the plaintiff, who has the verdict of a jury, there can be' no doubt of his right to recover. The accident occurred at the intersection of Fulton and Carlton avenues in the borough of Brooklyn. The plaintiff was crossing Fulton avenue, driving a team attached to a light covered carriage. He was driving at a slow pace,…

2Cases cited1 opinion

  1. Weidinger v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by2 opinions

  1. Lane v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
  2. Bertsch v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902

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