Dooley v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Union .Railway Company of New York City, 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 9th day of December, 1904, upon the verdict of a jury for $750, and also from an order entered in said clerk’s office on the 20th day of December, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The. plaintiff recovered a, judgment in an action for personal injuries which he claimed to have sustained through the negligence of the defendant’s servants in operating a car on its railway in the city of New York. It appears that at about a quarter-past eight o’clock on the night of March 15, 1902, he was walking by the side of a railway track of the defendant’s road on Morris Park avenue, between Delaney place and Rose street in the borough of The Bronx in the city of New York. It was a dark night. The plaintiff chose to walk in the roadway and not on the sidewalk because of…
2Cited by2 opinions
- Kozlowski v. Rochester, Syracuse & Eastern RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Romeo v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1907