Hoyt v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of December, 1901, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 23d day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
McLaughlin, J. (dissenting):
I am unable to agree to an affirmance of this judgment. The complaint should have been dismissed. (McCloskey v. Met. St. Ry. Co., 67 App. Div. 617.) The evidence did not justify the jury in finding the defendant negligent, and if it did, then the same evidence necessarily required a finding to the effect that the plaintiff’s negligence contributed to his injury. The motorman could not anticipate that the plaintiff would, when the car was only a few feet from him, step in front of it. This is just what the plaintiff did, as a fair consideration of his own testimony…
2Cases cited4 opinions
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- McCluskey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- McKenna v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1899