Legal Opinion

Lee v. Third Avenue Railroad

City of New York Municipal Court

Decided May 15, 1901Published

Appeal from a judgment in favor of plaintiff, entered upon a verdict rendered at trial term, and also from an order denying defendant’s motion for a new trial.

1Per curiam

We have examined with care the record herein, and are of the opinion that, on the testimony adduced, the case was properly one.for a jury. With their findings we are not disposed to interfere, as there is no such preponderance of evidence to justify it.

The charge of the trial justice was fair and impartial, and correctly stated, as a whole, the principles of law governing the case in question. While the instruction that the motorman of the car was bound to avoid the accident was error, the same was subsequently cured by the statement that he was bound to exercise that care and caution that a…

2Cases cited2 opinions

  1. Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
  2. Falke v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899

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