Rogers v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Belden J. Rogers and another against the Interurban Street Railway Company. From a judgment for plaintiffs, defendant appeals. Reversed.
1Opinion of the CourtGildersleeve, J.
Plaintiffs’ servant was driving a four wheel top-covered delivery wagon drawn by one horse on Twenty-first street, going east. Upon arriving at Twenty-first street and Fourth avenue, he stopped to let a south-bound car pass. He then looked up and down the track, and saw a car stopping on the uptown track at the south crosswalk of Twentieth street and Fourth avenue. He started to cross the track, and had got his horse and the front part of the wagon across the uptown track, when the car came along “pretty fast,” and struck the wagon on the right-hind wheel. The justice allowed plaintiffs…
2Cases cited4 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Whitaker v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1873
- Sherman v. . D., L. W.R.R. Co.New York Court of Appeals · 1887
- Volkmar v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1899
3Cited by2 opinions
- Chesapeake & Ohio Ry. Co. v. Elk Refining Co.Court of Appeals for the Fourth Circuit · 1950
- Union Storage & Transfer Co. v. LamphereDistrict of Columbia Court of Appeals · 1944