Bernstein v. New York City Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, thirteenth district, borough of Manhattan, rendered in favor of the plaintiff.
1Opinion of the CourtGildersleeve, J.
Some time between one and two o’clock in the afternoon of a clear day, the plaintiff, who was driving *580an ice cream delivery wagon across Third avenue from west to east through Twentieth street, was struck by a south bound car of defendant and received injuries to recover damages for which this action was brought. The plaintiff testified that when he reached Third avenue, “ I crossed right through and got knocked by the car.” Upon being asked if he saw anything, he said: “ I did not see anything.” Upon cross-examination he testified that he “ did not see anything;” that he did not see the car…
Also in this document: Concurrence.
2Cases cited1 opinion
- Duffy v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1906