Copeland v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joanna M. Copeland, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of June,. 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
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Appeal by the plaintiff, Joanna M. Copeland, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of June,. 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. The action was brought to recover for personal injuries sustained by the plaintiff, who was struck by a north-bound Eighth avenue •car at the north crossing of Ninety-ninth street on the afternoon of September 11, 1898, while she was attempting to pass in front of it in order to get aboard,…
1Opinion of the Court
O’Brien, J.:
It may be assumed in view of the reason assigned for dismissing the complaint that the defendant’s counsel was impressed with the fact that a prima faoie case had been made out bearing upon the defendant’s negligence. Whether he was or not, however, we think from the evidence presented that the motorman should have seen the plaintiff, who was in full view endeavoring to cross the avenue to enable her to be in a position to take the car, and that it was incumbent upon him either to slow down to avoid an accident or else to give her some warning of his intention to proceed with…
2Cited by2 opinions
- Handy v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Copeland v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903