Kimber v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arthur 0. Kimber, from an order of the-' Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk, of the county of. Kings on,the -3d day .of '. June, 1901, setting aside the verdict of' a jury for .$500 rendered in favor of the plaintiff, and granting the defendant’s motion for a'. new trial made upon the minutes. ■ .
1Opinion of the Court
Jenks, J.:
The learned trial justice set aside the verdict and granted a new trial upon the sole ground that the-evidence did not warrant the finding of the jury that the plaintiff was free from contributory negligence. The version of the plaintiff is that he sought passage on a car' of the Second avenue line of ..the defendant at a- place-where the defendant was operating that line on two middle tracks and its Third ávenuedine on two outside tracks. He stood close to the outside tracks and saw two cars of -the different limes coming abreast. When the cars were seventy-five feet distant, lie…
2Cases cited2 opinions
- Armstrong v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Armstrong v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1901
3Cited by3 opinions
- Gillespie v. Yonkers R.Appellate Division of the Supreme Court of the State of New York · 1903
- Gillespie v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Lobsenz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902