Williams v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, third district, borough of Manhattan.
1Opinion of the CourtScott, J.
The verdict was clearly against the weight of •the evidence. The witnesses for the plaintiff, as to the happening of the accident, were the driver of the wagon and •one bystander. The driver’s evidence was of a character which gave no clear idea of how the accident happened. The bystander testified that the car was coming north on the •easterly track, at a high rate of speed, about midway between Thirty-seventh and Thirty-eighth streets, when the wagon was at the southwest corner of Thirty-eighth street and Ninth avenue, and that the driver went right ahead and •drove in front of the car. One…
2Cited by1 opinion
- Fitzgibbon v. JolineAppellate Terms of the Supreme Court of New York · 1909