Meyer v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lonis Meyer, from a judgment of the Supreme Oourt in favor of the defendant, entered in the office of the clerk of the county of Kings on the 3d day of April, 1899, upon a nonsuit granted by the court after a trial before the court and a jury at the Kings County Trial Term.
1Dissent
Goodrich, P. J. (dissenting):
I cannot see enough difference between this case and Meyer v. Brooklyn Heights R. R. Co. (9 App. Div. 79) to warrant the. conclusion reachéd by Mr. Justice Cullen.
In the latter case the plaintiff was driving up Fulton street at night. Wishing to cross the diowntown track he looked up and saw *289it brightly-lighted car coming down on that track 150 feet away. He gave no sign to the motorman of his intention to cross, but walked his horse across the track diagonally for a distance of two houses when his carriage was struck by the car. The front of the •carriage was…
2Cases cited1 opinion
- Meyer v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896