Axelrod v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City Railway 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 '9th day of December, 1904, upon the verdict of a jiiry for -$5,000, and also from an order entered, in said clerk’s office on the 9th day Of December, 1904, denying the defendant’s motion for a new'trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
There is nothing in the record -before us which- shows,, even inferentially, that- the intestate exercised any care whatever before attempting to cross defendant’s tracks. On this point there is no dispute as to the facts.
On Avenue A in the city of New York the defendant operates two lines of cars, the tracks upon which the cars going in a northerly direction are run being on the easterly, and those going in a southerly direction on the westerly side of the avenue and the distance between them is a little over five feet., On the evening of March 28, 1904,-the intestate was a…
2Cases cited5 opinions
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Perez v. . SandrowitzNew York Court of Appeals · 1905
- Little v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Little v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1904
3Cited by4 opinions
- Griffith v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Hawkins v. Great Northern Railway Co.Supreme Court of Minnesota · 1909
- Laws v. Hammond, Whiting & East Chicago Railway Co.Indiana Court of Appeals · 1920
- McGreevy v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906