Legal Opinion

Gilman v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Decided December 20, 1907Published

Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Kalman Gilman and another against the New York City Railway Company. Judgment for plaintiffs, and defendant appeals. Reversed, and new trial ordered.

1Per curiam

One of the plaintiffs, Goldenberg, was driving a wagon belonging to plaintiffs, who were partners. Both plaintiffs were in the wagon. They entered Third avenue at 106th street, and drove south on the westerly side of Third avenue until near 101st street. Goldenberg says:

“We [plaintiffs] were on a wagon drawn by one horse, and on. the way down we wanted to stop at a customer’s at 101st street, and I took the lines and drove the horse toward the side street. I heard a rush as of a car behind me, and I looked around and saw that the car was 50 or 60 feet back of me. I started to drive the horse…

2Cases cited1 opinion

  1. Schmedding v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903

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