Leonard v. Joline
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, third district, borough of Manhattan, dismissing the complaint after a trial before a jury.
1Opinion of the CourtGiegerich, J.
The principal question presented by this appeal is whether there was sufficient evidence to go to the jury upon the question of the defendants’ negligence and the plaintiff’s freedom from contributory negligence. The action was brought to recover damages for injuries to the plaintiff’s horse and truck.
The circumstances of the accident were as follows:
The plaintiff’s driver was driving the horse and truck in suit down the westerly side of Madison avenue from Forty-third street toward Forty-second street, in the borough of Manhattan, the truck being about three feet from the westerly rail of…
2Cases cited2 opinions
- Twomley v. . C.P.N. and E.R.R.R. Co.New York Court of Appeals · 1877
- Schoenfeld v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903