Legal Opinion

Zimmer v. Third Avenue Railroad

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

Decided July 1, 1899No. 1PublishedCited by 21 opinions

Appeal by the defendants, The Third Avenue Railroad Company and another, from a judgment of the. Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Queens on the 8th day of February; 1897, upon the verdict of a; jury for $15,000, and also from orders entered in said clerk’s office-on the 11th day of February, 1897, and on the 18th day of February, 1897, denying, the defendants’ motions for a new trial made-upon the minutes. '

1Opinion of the Court

Cullen, J. :

The action is for damages for personal injuries. The plaintiff was a passenger on one of the Metropolitan Street Railway Company’s cars. This defendant has a single track on Houston street,, in the city of New York, on which it propels cars by horses. Houston ■ street crosses the Bowery substantially at right angles. The latter is a broad thoroughfare. Along the Bowery are four-tracks, two operated by the Third Avenue Railroad Company and the other two by the Fourth Avenue Railroad Company. The Third Avenue Railroad ears at the time of the accident were all operated by cable. As…

2Cases cited5 opinions

  1. In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
  2. Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867
  3. Coddington v. . the B'klyn Crosstown R.R. Co.New York Court of Appeals · 1886
  4. Ehmer v. . Title Guarantee Trust Co.New York Court of Appeals · 1898
  5. Stierle v. . Union Railway CompanyNew York Court of Appeals · 1898

3Cited by21 opinions

  1. Sternfels v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. Dunham v. Hastings Pavement Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. O'Brien v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919
  4. Kenney v. South Shore Natural Gas & Fuel Co.Appellate Division of the Supreme Court of the State of New York · 1908
  5. Clark v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903

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