Gumb v. Twenty-Third Street Railroad
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Charles B. Gurnb against the Twenty-Third Street Railroad Company to recover damages for personal injuries, and injury to a wagon, in a collision with one of defendant’s horse-cars. There was a verdict for plaintiff for $500. From the judgment rendered thereon defendant appeals. For opinion and statement on a former appeal to court of appeals, see 21 H. E. Bep. 993.
1Opinion of the CourtSedgwick, C. J.
The testimony required that the court should submit to the jury the issue that related to the negligence of defendant, and the absence of negligence of plaintiff. In my opinion, the court was right in refusing the request of defendant to charge “that if, as matter of fact, the plaintiff thought he had so stopped his wagon as to leave room for the defendant’s car to pass, and the defendant’s driver also thought he had room to pass, and both were mistaken, the plaintiff cannot recover. ” This was not correct; for, if the plaintiff’s thought was the result of the exercise of observation and a…
Also in this document: Per curiam.
2Cases cited1 opinion
- Hoffman v. . Union Ferry CompanyNew York Court of Appeals · 1877
3Cited by1 opinion
- Peak v. Key System Transit Co.California Court of Appeal · 1928