Wagner 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 13th day of May, 1902, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 28th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The plaintiff testified that on the 4th of July, 1900, he started off on his regular milk route, driving a milk wagon belonging to his employer; that he drove upon Third avenue at Forty-seventh street on the west side, between the elevated pillars and the -sidewalk ; that when just south of Forty-fifth street, he turned on the south-bound track of the defendant’s railway; that when he pulled on the track he looked to see whether any cars were coming or not; that the street was well lighted; he could see from five to six blocks; that he drove on the south-bound track down to…
2Cases cited1 opinion
- Bruss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Pincus v. SchlechterAppellate Division of the Supreme Court of the State of New York · 1915
- Denver City Tramway Co. v. BrownSupreme Court of Colorado · 1914
- Resnick v. JolineAppellate Terms of the Supreme Court of New York · 1909