A. L. & J. J. Reynolds Co. v. Third Avenue Railroad
New York Court of Common Pleas
Appeal from third district court. Action by the A. L. & J. J. Reynolds Company against the Third Avenue Railroad Company. There was a judgment in favor of plaintiff, and defendant appeals. Reversed.
1Per curiam
This action was brought to recover damages for injury to respondent’s wagon, resulting from a collision with one of' appellant’s cars. In the case of Hamilton v. Railroad Co., reported in 6 Misc. Rep. 382, 26 N. Y. Supp. 754, this court, at general term,, held that, where the plaintiff undertook to cross the railroad tracks, seeing a trolley car at a distance of some 40 feet, it was negligence on his part to make such an attempt. In this case, while the car-was not moving as rapidly as in the Hamilton Case, yet the distance was only 25 feet ahead of the car; and it affirmatively appears, and…
2Cases cited1 opinion
- Hamilton v. Third Avenue RailroadNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Ray v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904