Gentile v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Angelo Gentile aginst the New York City Railway Company. From a judgment for plaintiff, defendant appeals. Reversed.
1DissentGiegerich, J.
I think, under thé authorities, there was sufficient evidence to support the verdict of the jury. According to the testimony of the plaintiff and his witnesses, the car was about 55 or 60 feet distant northerly as the plaintiff stepped from the westerly curb of the street on the southerly crosswalk. The distance of the track from the curb was variously estimated between 4 metres and 26 feet. They further testified that the car was coming slowly, and that they had plenty of time to get across, but that “it then came faster.” The defendant’s motorman testified that he had thrown the power off…
2Cases cited1 opinion
- Lofsten v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904