Tracey v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway 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 York on the 6th day of October, 1899, upon the verdict of' a jury for $1,500, and also from an order entered in said clerk’s office on the 1st day of November, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
The action was brought to recover $o,000 damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant in operating one of its south-bound Broadway cable cars on the afternoon of April 20, 1897, at the Twenty-third street crossing. The complaint states that the plaintiff was driving a team of horses and a truck along Twenty-third street in a westerly direction when the car struck the truck, throwing the plaintiff from his seat to the ground, “ whereby he sustained serious injuries to his hip and thigh, and was otherwise made sick, sore…
2Cases cited3 opinions
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Morris v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1895
3Cited by4 opinions
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Wolf v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Coles v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1906