Xenodochius v. Fifth Avenue Coach Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fifth Avenue Coach Company, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, rendered on the 13th day of May, 1908, upon the verdict of a jury.
1Opinion of the Court
Rich, J.:
The plaintiff, a police officer, was run down and injured while walking in the street to his post of duty, the intersection of Fifth avenue and Twenty-fifth street, Manhattan, and this appeal is from *27the judgment of the Municipal Court awarding damages for the injuries sustained. The only question presented by the appellant calling for serious consideration is, whether the plaintiff has shown himself free from negligence contributing to the accident. He was attached to what is .known as the traffic squad, and testified upon the trial that his actual assignment was at Twenty-fifth…
2Cases cited1 opinion
- Smith v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Brown v. EllisCivil Court of the City of New York · 1989
- McDade v. International Railway Co.New York Court of Appeals · 1923
- McDade v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1922