Heitz v. Yonkers Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis A. Heitz, from a judgment of the County Court of Westchester county j entered in the office of the clerk of the county of Westchester on the. 30th day of June, 1906j upon the' dismissal of the complaint by direction of the court at the, close of the plaintiff’s case, and also from an order entered in said' clerk’s office on'the 5tli day of July, 1906, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
Plaintiff appeals from a judgment dismissing his complaint on the merits, entered on a nonsuit granted at the close of the plaintiff’s evidence, and from an order denying a motion for a new trial. The action is for negligence which is claimed to have caused a collision between one of the defendant’s trolley cars and the wagon in which the plaintiff was riding, at the intersection of Cassilis avenue and Tuckahoe road, in the city of Yonkers. The plaintiff testified that he was driving north on Cassilis avenue, intending to turn east on the Tuckahoe road after cros ing the…
2Cases cited1 opinion
- Nelson v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1905