Reiss v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court, ninth district, borough of Manhattan, rendered in favor of the defendant.
1Opinion of the CourtMacLean, J.
It appears from the statements of the plaintiff’s one witness of the occurrence, a friendly passenger on the seat with the driver of a large covered express wagon, that the plaintiff’s driver attempted to cross the car tracks of the defendant on Second avenue between the streets where the defendant’s vehicles had the right of way and when a car was only 100 feet distant. The driver, finding out his mistake, attempted by whipping his horses to get over in safety, but too late. The testimony exhibits no evi*199dence of fault on the part of the motorman or other servant of the defendant, hut does…
2Cases cited1 opinion
- Meyer v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Capital Traction Co. v. CrumpDistrict of Columbia Court of Appeals · 1910