Phelan v. Forty-Second Street
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Thomas F. Phelan, an infant, by his guardian, John J. Phelan, against the Forty-Second Street, Manhattanville & St.. Nicholas Avenue Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.
1Opinion of the CourtPatterson, J.
The judgment appealed from in this action was entered upon a verdict in favor of the plaintiff for damages for personal injuries which it was claimed the plaintiff received through the negligence of the defendant’s servants in the operation of a car belonging to it. The car was proceeding southward along the Tenth avenue, between Fifty-Fifth and Fifty-Sixth streets, in the city of New York, when the plaintiff, who was, as is admitted, sui juris, undertook to cross the avenue from the west side. According to the testimony of some of the plaintiff’s witnesses, this car was at a distance…
2Cases cited2 opinions
- Bortz v. Dry Dock, East' Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Delkowsky v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1903