Phelan v. Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Forty-second Street, Manhattan-ville and St. Nicholas Avenue Railway 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 31st day of March, 1902, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 25th day of April, 1902, denying the defendant’s m'otion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The judgment appealed from in this action was entered upon a verdict in favor of the plaintiff for damages for personal injuries, which it was claimed the plaintiff received through the negligence of the defendant’s servants in the operation of a car belonging to it. The car was proceeding southward along Tenth avenue, between Fifty-fifth and Fifty-sixth streets, in the city of New York, when the plaintiff, who was, as is admitted, sui juris, undertook to cross the avenue from the west side. According to the testimony of some of the plaintiff’s witnesses, this car was at a…
2Cases cited1 opinion
- Delkowsky v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1903