Cass v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintifi, ■ entered in the office of the clerk of the county of Queens on the lO.th day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of March, ■1897, denying the defendant’s motion for a new trial.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff in this action was thrown out of a wagon by a col- . li'sion with a cable car of the defendant at Third avenue and Forty-seventh street, in the city of New York, and sustained injuries for which a jury has awarded him damages in the sum of $10,000.
The verdict was hot against the evidence. There was ample proof from which to .infer negligence on the part of the gripman in charge of the defendant’s car, and upon which to base a finding that the plaintiff and the driver of the wagon in which he was riding were both free from contributory negligence. The…
2Cases cited3 opinions
- Clegg v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Schron v. Staten Island Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Wells v. Brooklyn City RailroadNew York Supreme Court · 1890
3Cited by10 opinions
- Pearce v. RodellMichigan Supreme Court · 1937
- McKernan v. Detroit Citizens' Street-Railway Co.Michigan Supreme Court · 1904
- Christopherson v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1914
- City of Louisville v. Bott's Admrx.Court of Appeals of Kentucky · 1913
- Smith v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1905
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