Third Ave. Ry. Co. v. Mills
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action at law by Edward T. Mills against the Third Avenue Railway Company. Judgment for plaintiff, and defendant brings error. The action is to recover for personal injuries received by plaintiff below while a passenger on one of defendant’s street cars, which collided with a motor truck on Third avenue, between Twenty-Third and Twenty-Second streets.
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In Error to the District Court of the United States for the Southern District of New York. Action at law by Edward T. Mills against the Third Avenue Railway Company. Judgment for plaintiff, and defendant brings error. The action is to recover for personal injuries received by plaintiff below while a passenger on one of defendant’s street cars, which collided with a motor truck on Third avenue, between Twenty-Third and Twenty-Second streets. The avenue at this point contains the north and south bound tracks of the street railway, which lie between the two rows of pillars supporting the…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The testimony for plaintiff proved a plain case of negligent driving by the motor truck; the only negligence suggested against the street car was that it did not stop as soon as it could. As to how soon it could stop there was no evidence at all, until defendant’s witnesses were produced, when questions by plaintiff’s counsel elicited testimony that even the emergency brake could not stop a car going at the rate stated by plaintiff in less than 35 to 40 feet. The questions so asked were not germane to anything the witness had said on direct examination.…
2Cases cited9 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Cosselmon v. . DunfeeNew York Court of Appeals · 1902
- Williams v. . B.E.R.R. Co.New York Court of Appeals · 1891
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