Legal Opinion

Hunter v. Third Avenue Railroad

Appellate Terms of the Supreme Court of New York

Decided July 15, 1897Published

. Appeal by defendant from affirmance by the City Courts General Term, of a judgment in favor of plaintiff.

1Opinion of the CourtMcAdam, J.

The plaintiff, a professional driver, was on April 30, 1895, at about 2:50 p. m., driving- through Twenty-fourth street from Second to Third avenue. When he approached the Third avenue crossing, he looked up and down the track. He noticed an uptown car just leaving Twenty-third street, and a car . coming down about one-half to three-quarters of a block away from Twenty-fourth street. His horse’s head was then five' feet, away from the east or northbound track. ■ The plaintiff kept on across the avenue, but before he could clear the westerly or downtown track, his hind Wheel was struck by the…

2Cases cited7 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Turner v. . City of NewburghNew York Court of Appeals · 1888
  3. Chapman v. . McCormickNew York Court of Appeals · 1881
  4. Clegg v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
  5. Morehouse v. . YeagerNew York Court of Appeals · 1877

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