Brozek v. Steinway Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Barbara Brozek, as administratrix, etc., of Alois Brozek, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 17th day of July, 1896, upon the dismissal of the complaint directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings.
1Opinion of the Court
Bradley, J.:
The plaintiff’s intestate, in his wagon, proceeding to turn from Jackson avenue into Honeywell street in Long Island City, was, by the collision with it of the defendant’s car on the avenue, thrown from the wagon and received an injury resulting in his death. The inquiry here is whether the evidence was such as to present questions of fact for the jury, or those of law only. The latter view was taken by the trial court and the complaint was dismissed.
The burden was with the plaintiff to prove that the accident was attributable to the negligence of the defendant and occurred…
2Cases cited3 opinions
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
- Zimmerman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Lawson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Bruss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Lane v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Dise v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1897
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