Csatlos v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of January, 1901, upon the verdict of a jury for $10,000,- and also from an order entered in said clerk’s office on the 22d day of January, 1901, denying the defendant’s motion for á new trial made -upon the minutes.
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Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of January, 1901, upon the verdict of a jury for $10,000,- and also from an order entered in said clerk’s office on the 22d day of January, 1901, denying the defendant’s motion for á new trial made -upon the minutes. The action was brought to redover for personal injuries sustained. by the plaintiff, a boy four and a half years of age, who was run over--, on the afternoon of August 11,…
1Opinion of the Court
O’Brien, J.:
There is no evidence in this record to support a finding that the driver failed to do his utmost after knowledge that those crossing-in front of him were in danger to avert the accident. His shouting enabled the women to step back in time to avoid being struck by the horses, and his testimony, supported by that of the witness Harrison, is that he at once applied the brake and pulled in the horses. The witnesses state that the boy went upon the track but a few feet in front of the horses, and the circumstances and manner in which the accident occurred show that only a brief…
2Cases cited2 opinions
- Weitzman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Goodman v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by8 opinions
- Anderson v. Bingham & Garfield Ry. Co.Utah Supreme Court · 1950
- Bortz v. Dry Dock, East' Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Csatlos v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Sciurba v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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