Rutz v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant,, the New York City Railway Company,, from a. judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 26th day of September, 1904, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 23d day of September, 1904, denying the. defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff was injured by a collision in the day time between a truck which he was driving and a car operated by the defendant on the south-bound track on Columbus avenue, in the borough of Manhattan, New York city, at the corner of Seventy-eighth street. Seventy-eighth street enters Columbus avenue from, the west, but does not cross it. The plaintiff was driving from' Seventy-eighth street, and at the time of the collision was crossing the track with a view of proceeding north on the east side of the avenue.
The defendant requested the court to charge the jury “ that…
2Cases cited2 opinions
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Reilly v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Moore v. . Rochester Railway Co.New York Court of Appeals · 1912
- Griffin v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Schiffmacher v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1912