Moore v. . Rochester Railway Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 23, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the court to refuse to instruct the jury that the defendant had the paramount right of way passing Marietta street at the time of the accident.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 23, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the court to refuse to instruct the jury that the defendant had the paramount right of way passing Marietta street at the time of the accident. (Hewlett v. B. H. R. R. Co., 63 App. Div. 423; Rutz v. N. Y. C. Ry. Co., 107 App. Div. 568; O’Neill v. D. D., etc., R. R. Co., 129 N. Y.…
1Opinion of the CourtVann, J.
Marietta street, running east and west in the city of Rochester, enters but does not - cross St. Paul street, running north and south. At this point St. Paul street is forty feet wide from curb to curb and is occupied in part by the two tracks of the defendant’s street surface railroad. The south-bound trolley cars use the west track, or the one farthest from the point where Marietta street enters St. Paul.
On the 14th of March, 1908, at about half-past five in the afternoon the plaintiff was driving west on Marietta street with an ordinary express wagon about ten feet long drawn by one horse.…
2Cases cited3 opinions
- O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Rutz v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- Barlow v. Utah Light & Traction Co.Utah Supreme Court · 1931
- Davis v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1924
- Geyer v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Dioguardi v. Nassau Electric R. Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Griffin v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1925
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