Legal Opinion

Woodward v. New York Railways Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1914PublishedCited by 7 opinions

Appeal by the defendant, New York Railways 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 24th day of April, 1914, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 21st day of April, 1914, denying defendant’s motion for a new trial made upon the 'minutes.

1Opinion of the Court

Scott, J.:

The action is for damages received by plaintiff as the result of a collision between an electric car owned by defendant, and a light wagon which plaintiff was driving. That the motorman of the car was negligent is not denied, but it is claimed by defendant that the plaintiff was herself guilty of contributory negligence and for this reason should not recover.

On July 6, 1912, plaintiff, who says that she is an experienced horsewoman, was driving a single horse attached to a light wagon westwardly through One Hundred and Thirtieth street in the city of New York. As she approached…

2Cases cited4 opinions

  1. Baxter v. Auburn & Syracuse Electric RailroadNew York Court of Appeals · 1908
  2. Lynch v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
  3. Tully v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
  4. Bernstein v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905

3Cited by7 opinions

  1. McGuire v. . New York Railways Co.New York Court of Appeals · 1920
  2. McGuire v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919
  3. Ruppenthal v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920
  4. Wessels v. LinchAppellate Division of the Supreme Court of the State of New York · 1915
  5. Griffin v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1925

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