Legal Opinion

Little v. Third Avenue Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1903PublishedCited by 7 opinions

Appeal by the plaintiff, Patrick Little, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of January, 1903, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.

1Opinion of the Court

McLaughlin, J.:

On the 15th of January, 1900, between two and three o’clock in the afternoon, the plaintiff, then about thirty-nine years of age, attempted to cross defendant’s track at the intersection of Thirteenth *331street and Third avenue, and in doing so was struck by one of its south-bound cars and seriously injured. He brought this action to recover damages therefor upon the ground that the same were caused solely by defendant’s negligence. At the trial at the close of plaintiff’s testimony the complaint was dismissed and' he has appealed.

The plaintiff testified, in substance, that as he…

2Cases cited1 opinion

  1. Jackson v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by7 opinions

  1. Lynch v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
  2. Axelrod v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Furlong v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. McEntee v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
  5. MacGuire v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907

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