Legal Opinion
Armstrong v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1899PublishedCited by 7 opinions
Appeal from trial term, Westchester county. Action by Thomas H. Armstrong against the Metropolitan Street-Railway Company. There was a judgment for plaintiff, and defendant appeals.
1Opinion of the CourtWoodward, J.
This is an action for the recovery of damages sustained by the plaintiff through the alleged negligence of the defendant. The action has been previously tried, and a judgment in favor of the plaintiff was reversed, on the ground that no negligence on the part of the defendant was shown. Substantially the same state *499of facts is proven on the second trial. The learned trial court, in its ■charge to the jury, in speaking of the plaintiff, says:
“If you should find that he gave the signal to the conductor, that the conductor recognized that signal as a signal to stop, and thereupon the conductor…
2Cases cited2 opinions
- Nichols v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1868
- Brady v. NallyThe Superior Court of the City of New York and Buffalo · 1894
3Cited by7 opinions
- Bessenger v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Bachmann v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1908
- Kimber v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Bachmann v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1908
- Harris v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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