Legal Opinion

McGuire v. New York Railways Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 23, 1917PublishedCited by 4 opinions

Appeal by the defendant, New York Railways Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New Y ork on the 30th day of June, 1916, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 27th day of June, 1916, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Smith, J.:

The plaintiff, a man fifty-eight years old, was struck by a car of the defendant while he was crossing Lenox avenue at One Hundred and Twenty-third street, in the city of New York, about nine-thirty o’clock on the night of March 21, 1915. The plaintiff testified that as he started to cross from the east to the west side of Lenox avenue, he looked to the north and saw a south-bound car at a point somewhere between One Hundred and Twenty-fourth street and One Hundred and Twenty-fifth street, with no other trolleys or vehicles between him and that car. The car was coming at a high rate…

2Cases cited1 opinion

  1. Hoyt v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890

3Cited by4 opinions

  1. Steinmetz v. GrennonOregon Supreme Court · 1923
  2. Hubbard v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1918
  3. McGuire v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919
  4. McGuire v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919

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