Kear v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Henry Rear against the New York City Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtSeabury, J.
The plaintiff has recovered a judgment for $165.97 as damages for injuries to a two-wheeled gig, caused by collision with one of the defendant’s cars. The evidence upon the trial presented a sharp conflict; the plaintiff and two witnesses testifying that the gig was struck by a north-bound car, and three witnesses called by the defendant testifying that the gig was struck by a south-bound car. The accident happened at the intersection of Fifty-Sixth street and Second avenue, in the borough of Manhattan. At the place where the accident occurred it was the duty of the railroad company, as the…
2Cases cited1 opinion
- Harvey v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898