Cohen v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, fifth district, borough of Manhattan, in favor of the defendant.
1Opinion of the CourtO’Gorman, J.
On the trial, the complaint was dismissed at the close of the plaintiffs’ case, and the defendant seeks to justify the ruling of the trial justice by the contention that “ the plaintiffs in entering upon the defendant’s tracks and driving thereon for a distance of two blocks for over four hundred feet were guilty of such contributory negligence as to entirely preclude a recovery for the damages sustained.” This is not the law; A driver of a vehicle in a city street has a right to expect that street cars will be managed with reasonable care and with a proper regard for the rights of others…
2Cases cited5 opinions
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Johnson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Hill v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1900
- Seifter v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900