Lundy v. Second Avenue Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Elizabeth E. Lundy against the Second Avenue Railroad Company for damages for injuries sustained by her through collision with the defendant’s street car. Erom the judgment dismissing the complaint, and from the order denying a new trial, plaintiff appeals. Reversed.
1Dissent
Bischoff, J.,
(dissenting.) The facts appearing on the trial, so far as they relate to the occurrence of the accident which resulted in the injuries to the plaintiff of which she complained, were that about half past 8 o’clock on the morning of December 5, 1883, plaintiff was proceeding in a westerly direction, intending to cross Second avenue at or near the cross walk where the avenue is intersected by Eighteenth street. At this point the avenue presents a “down grade,”—an inclined or sloping plane,—rising in a northerly direction. The view of the street and avenue was unobstructed, and…
2Cases cited2 opinions
- Conlin v. RogersNew York Court of Common Pleas · 1891
- De Soucey v. Manhattan Railway Co.New York Court of Common Pleas · 1891