Reilly v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Reilly, from a judgment of the Supreme Gourt.in favor of, the defendant, entered in the office of the clerk-of the county of New York .on the 16th day of March, 1905, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Clarke, J.:
Appeal by plaintiff from a judgment dismissing the complaint at the close of the plaintiff’s case in an action to recover damages sustained through the alleged negligence of the defendant. Plaintiff was an employee of the street cleaning department of the city of Hew York. At about half-past one in the afternoon of the 23d of October, 1902, he was engaged in the performance of his duties on the Eighth avenue between Forty-fourth and Forty-fifth streets. He was sweeping the dirt out of the groove of the easterly rail of the north-bound track of defendant’s road, and was moving and…
2Cases cited5 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Smith v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
- Dipaolo v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Bengivenga v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Lewis v. Binghamton RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- McDade v. International Railway Co.New York Court of Appeals · 1923
- Lynch v. Fred T. Ley & Co.City of New York Municipal Court · 1922