Mapes v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gilbert E. Mapes, from a judgment of the Supreme Court in- favor of the defendant, entered in the office of the clerk of the county of Orange on the 20th day of March, .1900, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Orange Trial Term.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff was driving a milk wagon along the Southern Boulevard in New York city, at five o’clock in the morning of November 2, 1898, when he was struck by a car of the defendant and received serious injuries. The boulevard at the place of the accident runs from southwest to northeast, is paved and about 60 feet wide, and the defendant’s road is in the middle. The wagon was covered and inclosed except for the front and two doors on the sides. The plaintiff was just to the rear of the two doors and had milk cans piled up before and behind him. There was a lantern inside the…
2Cases cited11 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Weitzman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gefner v. Lefkowitz & Sons, Inc.Appellate Terms of the Supreme Court of New York · 1916
- Myers v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1921