Freeland v. Brooklyn Heights Railroad

This is an action of negligence. The action was brought in Part III, before a jury.

The plaintiff was a passenger riding upon one of the defendant’s street cars, going down a grade in the direction of Fulton Ferry. A portion of the street was being occupied by wagons unloading in front of a warehouse on the right-hand side. A cart driver, having a high and heavy load of coke — about three and a half tons — was approaching the car on the same track; the driver turned out on the right-hand side to get out of the way of the car, when one of the truck wheels caught against a frog constructed in…