Bacigalupo v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment, rendered in favor of the plaintiff in the Municipal Court of the city of New York,. second district, borough of Manhattan.
1Opinion of the CourtScott, J.
The crucial question in the case was whether or not the defendant’s car was so far away when plaintiff’s servant drove upon the track, that the motorman, if he had exercised reasonable diligence, could have prevented the collision. The plaintiff’s counsel was permitted, under objection and exception, to ask the driver the following question: “ Was there plenty of opportunity for the electric car to stop before it struck you, and after you raised your hand ? ” This was clearly error. Dougherty v. Milliken, 163 N. Y. 527; Galligan v. Metropolitan St. R. Oo., 33 Misc. Rep. 87. The very question…
2Cases cited2 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Galligan v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1900