Legal Opinion

Riegelman v. Third Avenue Railroad

New York Court of Common Pleas

Decided June 4, 1894Published

Appeal from tenth district court. Action by John Biegelman against the Third Avenue Railroad Company. There was a judgment in favor of plaintiff, and defendant appeals.

1Opinion of the CourtBookstaver, J.

This action is brought to recover for injuries to plaintiff’s wagon, growing out. of a collision with a north-bound •cable car of the defendant company on December 30, 1893, on Third avenue, between 119th and 120th streets. Appellant contends that the respondent was guilty of contributory negligence, and that the record shows no evidence of defendant’s negligence. We have examined the record, and find that the evidence was contradictory on both of these points, and was such as would not have justified the trial justice in withdrawing either of these questions from the consideration of the…

2Cases cited2 opinions

  1. Mallard v. Ninth Ave. R. Co.New York Court of Common Pleas · 1889
  2. Thomas v. KenyonNew York Court of Common Pleas · 1861

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