Fishbach v. Steinway Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Steinway Railway Company of Long Island City, from a judgment of the Supreme Court in favor ■of the plaintiff, entered in the office of the clerk of the county of Queens on the 12th day of June, 1896, upon the verdict of a- jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Queens, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 12th day…
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Appeal by the defendant, The Steinway Railway Company of Long Island City, from a judgment of the Supreme Court in favor ■of the plaintiff, entered in the office of the clerk of the county of Queens on the 12th day of June, 1896, upon the verdict of a- jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Queens, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 12th day of June, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The testimony upon the part of the plaintiff tended to establish that, at about five-thirty o’clock on the morning of December 11, 1895, he drove a covered baker’s wagon upon defendant’s tracks. He was accompanied by his son, who sat upon the seat in the wagon by his side. The wagon was first driven in the west-bound track, • but seeing a car apjiroaching upon that track in his front he turned off and drove upon the east-bound track to allow the car to pass. Plaintiff and his son both testify that when they came upon the east-bound track they could see for a distance of two or three…
2Cases cited6 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Winter v. Crosstown Street RailwayThe Superior Court of the City of New York and Buffalo · 1894
- Smith v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Ward v. New York & Harlem RailroadNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Moore v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Schilling v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Devine v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Cohen v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901
- Devine v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
7 more not listed; retrieve them via the Exa API.