Reed v. Metropolitan Street Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was not shown to have been free from contributory negligence. (Thompson v. B. R. R. Co., 145 N. Y. 196; Doyle v. A. R. R. Co., 5 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was not shown to have been free from contributory negligence. (Thompson v. B. R. R. Co., 145 N. Y. 196; Doyle v. A. R. R. Co., 5 App. Div. 601; Scott v. T. A. R. R. Co., 41 N. Y. S. R. 152; Jackson v. Union Railway Co., 77 App. Div. 161; Little v. T. A.…
1Opinion of the CourtBartlett, J.
The plaintiff seeks in this action to recover damages for personal injuries due to the alleged negligence of the defendant. The plaintiff, on the afternoon of March 27th, 1900, at about five o’clock, in broad daylight, alighted from an Eighth avenue car, north bound, at the corner of 81st street and Central Park West.
The defendant has at this point two tracks. The northbound cars are run upon the easterly track, which is located so near the curbstone as to enable passengers alighting to step upon the sidewalk. The westerly track is used for the southbound cars.
The plaintiff testified that in…
2Cited by29 opinions
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- Pecora v. MariqueAppellate Division of the Supreme Court of the State of New York · 1948
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