Smith v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles K. Smith, from a judgment of the County Court of Queens County in favor of the defendant; entered in the office of the clerk of the county of Queens on the 4th day of April, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term.
1Opinion of the Court
Hookeb, J.:
This is an action to. recover for the loss of a horse and for injuries to the person of the plaintiff. Plaintiff has died since the trial and the action has been continued as to the cause of action which sur^ vived him. , The complaint was dismissed at the close of the plaintiff’s case, and he appealed.
That portion of the plaintiff’s evidence which is material is as follows : “As I was driving along there on Myrtle Avenue a car came down and I pulled out for it on the right side, and as I pulled •out the horse went away from me quite lively; I waited a second or two and of course…
2Cases cited3 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- O'Flaherty v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Orta v. Porto Rico Railway Light & Power Co.Supreme Court of Puerto Rico · 1927
- Inglese v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Orta v. Porto Rico Railway, Light & Power Co.Supreme Court of Puerto Rico · 1927