Furst v. . Second Avenue Railroad Company
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of blew York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries sustained by plaintiff in consequence of being run over by one of defendant’s cars, through the alleged negligence of the driver. The facts pertinent to the questions discussed are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of blew York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries sustained by plaintiff in consequence of being run over by one of defendant’s cars, through the alleged negligence of the driver. The facts pertinent to the questions discussed are set forth sufficiently in the opinion. The court erred in admit-admitting evidence of the declarations of the conductor, said to have been made a week after the accident. (Luby v.…
1Opinion of the CourtRapallo, J.
On the trial of this action, Joseph M. Bour, who was conductor of the car which inflicted the injury complained of, was examined as a witness on the part of the defendant, and on his direct examination testified as to the locality of the accident, the rate of speed of the car at the time, and other attendant circumstances and occurrences after the accident. He stated that he was, at the time, inside the car collecting fares, but was not asked nor did he testify in respect to the conduct of the driver, and it did not appear that he was in a position to observe it.
On his cross-examination he…
2Cited by28 opinions
- People v. . SmithNew York Court of Appeals · 1902
- Holmes v. . MoffatNew York Court of Appeals · 1890
- Faulkner v. RondoniCalifornia Supreme Court · 1894
- McCarney v. . People of the State of N.Y.New York Court of Appeals · 1881
- Crisp v. State BankNorth Dakota Supreme Court · 1915
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