McCabe v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant 'from a judgment in favor of the plaintiff, entered upon the verdict of a jury in the City Court of the city of Hew York, and also from an order denying defendant’s motion for a new trial.
1Opinion of the CourtScott, J.
It is difficult to see wherein there was shown either negligence on the part of defendant’s motorman, or freedom from negligence on the part of plaintiff. The plaintiff and a companion were walking abreast down Sixth avenue on the easterly side. At Fifty-first street there is a track curving to the southward into Sixth avenue. As plaintiff approached this track one of defendant’s cars was standing stationary in Fifty-first street, about ten or twelve feet from the point at which plaintiff was about to cross the track. As plaintiff put his foot on the first rail of the track the car started…
2Cases cited2 opinions
- Matulewicz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Kaufman v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904