Blate v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad 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 10th day of February, 1899,-upon the verdict of a jury for $6,500, and also from an order entered in said clerk’s office on the 28th day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The plaintiff, while attempting to cross Third avenue in the, city of New York with a horse and wagon, came, in collision with a car of the defendant’s road coming down the avenue, and received serious injuries, to recover for which he brought this action. At the trial he had a verdict. A motion for a new trial was denied, and after the entry of the judgment on the verdict this appeal was brought by the defendant, both from the judgment and the order denying a new trial.
It is claimed by the defendant that upon the evidence the plaintiff was clearly guilty of contributory…
2Cases cited1 opinion
- Kennedy v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by23 opinions
- In re Libor-Based Fin. Instruments Antitrust Litig.District Court, S.D. Illinois · 2018
- Lorenc v. Chemirad Corp.Supreme Court of New Jersey · 1962
- Henly v. Oklahoma Union R. Co.Supreme Court of Oklahoma · 1921
- Consolidated Lead & Zinc Co. v. State Industrial Com.Supreme Court of Oklahoma · 1931
- Haskell & Barker Car Co. v. TrzopIndiana Supreme Court · 1920
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