Devine v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the General Term of the City Court, affirming a judgment entered upon a verdict in favor of the plaintiff, and also from an order denying a motion for a new trial.
1Opinion of the CourtMaoLean, J.
This action was brought to recover damages for injuries to the person and property of the plaintiff, alleged to have been caused by the negligence of the defendant.
In October, 1896, the plaintiff was driving a horse and cart, loaded with dirt, from Nineteenth street, near Sixth avenue, to the East river. When he reached Broadway, he saw a southbound car approaching, and stopped and waited until that car had passed. When that car had passed, he started on, and for the first time looked around. He was at that moment “ getting in on the downtown track ” when he saw a north-bound car, twenty to…
2Cases cited1 opinion
- McFarland v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1899