Knoll v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad Company, 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 3d day of March, 1899, upon the verdict, of a jury for $2,000, and also from an order entered in said clerk’s office on the 2d day of March, 1899, denying the defendant’s motion for a new trial made, upon the minutes.
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Appeal by the defendant, The Third Avenue Railroad Company, 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 3d day of March, 1899, upon the verdict, of a jury for $2,000, and also from an order entered in said clerk’s office on the 2d day of March, 1899, denying the defendant’s motion for a new trial made, upon the minutes. The eighth request to charge referred to in the opinion is as follows, “ that the. gripman of the defendant’s car was not bound to anticipate that the driver of the wagon would turn his…
1Opinion of the Court
Rumsey, J. :
The action was brought to recover damages for injuries suffered by the plaintiff on account of the defendant’s negligence. The evidence tended to show that on the afternoon of the 1st of June, 1896, the plaintiff was standing at the curb on the southwest corner •of Bleecker street and the Bowery in the city of New York waiting to cross the street.- As she stood there a car of the defendant collided with a truck going diagonally across the street, with such force that the truck was thrown or pushed for a considerable distance and struck the plaintiff, knocking her down and…
2Cases cited3 opinions
- Clegg v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Atkins v. Manhattan Railway Co.New York Supreme Court · 1890
- Blate v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by9 opinions
- Matott v. WardNew York Court of Appeals · 1979
- Newton v. GretterNorth Dakota Supreme Court · 1931
- Wilson v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Graham v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Crenshaw v. Pendleton Mfg. Co.Supreme Court of South Carolina · 1949
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