Dolan v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Michael P. Dolan, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Kings County Trial Term in March, 1910.
1Opinion of the Court
Rich, J.:
The defendant has- two tracks laid through the center of Atlantic avenue in the borough of Brooklyn, one used for east and the other for west-bound traffic, over which it operated its trains.- At about three o’clock in the afternoon of December 23, 1902, plaintiff drove a team of horses attached to a wagon in which he was riding down Pennsylvania avenue, approaching Atlantic avenue from- the north. One of defendant’s west-bound trains was approaching the crossing at Pennsylvania. avenue at a high rate of speed. There was a flagman stationed at this crossing, but he was in his shanty.…
2Cases cited2 opinions
- Cranch v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Wahler v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1910