Adolph v. Central Park, North & East River Railroad
The Superior Court of New York City
Action for personal injuries caused by the alleged negligence of the defendant’s servant. The action was tried by Mr. Justice Freedman, who on motion, directed a verdict for the defendants, and the plaintiff excepted. The motion was made upon two grounds, namely, that there was concurring negligence on the plaintiff’s part, and that the evidence failed to establish any negligence of the defendants. Judgment was suspended, and the exceptions sent to the general term.
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Action for personal injuries caused by the alleged negligence of the defendant’s servant. The action was tried by Mr. Justice Freedman, who on motion, directed a verdict for the defendants, and the plaintiff excepted. The motion was made upon two grounds, namely, that there was concurring negligence on the plaintiff’s part, and that the evidence failed to establish any negligence of the defendants. Judgment was suspended, and the exceptions sent to the general term. The following facts were established by the evidence. The defendant’s car, was proceeding up, towards Fifty-ninth-street, upon…
1Opinion of the Court
By the Court.—Monell, J.
I think the verdict in this case can be sustained upon either of the grounds taken below.
*188The effect of turning from the track in the manner described, was to arrest the motion of the wagon in the direction the car was going, and bring it in collision with the car, without giving the driver of the latter any time or opportunity to arrest the progress of the car.
It is evident that the collision occurred by the manner in which the plaintiff turned away from the track, and that it would not have occurred if the usual and safer mode of turning off at a somewhat acute angle…
2Cases cited1 opinion
- Barker v. SavageThe Superior Court of New York City · 1869