Legal Opinion

Doctoroff v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided June 15, 1907PublishedCited by 1 opinion

Appeal taken by the plaintiff from a judgment of the City Court of the city of New York, dismissing the complaint at the close of the plaintiff’s case.

1Opinion of the CourtPlatzek, J.

The action is to recover damages for personal injuries alleged to have been sustained by the plaintiff in consequence of a rear end collision betwen one of defendant’s south bound cars and a wagon in which plaintiff was riding. The plaintiff was not the owner of the team or wagon, but was only an employee of the driver. It was substantially proven on the trial that, on December 19, 1901, about 2 o’clock in the afternoon, plaintiff was riding in a wagon belonging to his employer, Oscar Lustig, who was driving the wagon, which was proceeding down town and at the time of the accident was on the…

2Cases cited2 opinions

  1. Bailey v. JourdanAppellate Division of the Supreme Court of the State of New York · 1897
  2. Scheib v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906

3Cited by1 opinion

  1. Benedict Di Bari, Nicholas Rubin, Also Known as Abraham Nicholas Rubin, and Samuel Castellano v. Fish Transport Co., Inc., and James J. Smith, Jr.Court of Appeals for the Second Circuit · 1960

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