Hill v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court, eighth district, borough of Manhattan.
1Opinion of the CourtMacLean, J.
The plaintiff, while driving westerly along- the west-bound track of defendant’s line, on Twenty-third street, between 10 and 11 o’clock at night, was overtaken by one of defendant’s cars which struck his wagon, injuring it and the horse, and for these injuries the plaintiff brought this action. According to his own testimony, he had driven along that track for some 300 feet, was familiar with the locality and knew that cars were passing and repassing there very frequently. His use of the track was liable to a lawful interruption from a party having the right to an unobstructed way, and…
2Cases cited1 opinion
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
3Cited by4 opinions
- Cohen v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901
- Cohen v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901
- Sauer v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Schleicher v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904