Coyle v. Third Avenue Railroad
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of Hew York, at General Term, which affirmed a judgment for the plaintiff at Trial Term, upon a verdict in his favor. Action to recover damages for personal injuries alleged to have been sustained in a collision with one.of the defendant’^ cable cars through the neglect of an employee in control of the car to give warning of the latter’s approach.
1Opinion of the CourtBischoff, J.
The plaintiff .sued to recover damages for personal injuries which he claimed to have sustained in a collision with one of the defendant’s cable cars while driving his heavily laden cart over the tracks of the railroad at its intersection with Fif tenth street, in the city of New York.
The complaint contained no general averment of negligence on the part of the defendant, or any of its servants, but particularized the omission of the defendant’s servant in charge of the car to give timely warning of the latter’s approach as the only cause of the accident. On the trial it appeared from the…
2Cases cited7 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Frear v. . SweetNew York Court of Appeals · 1890
- Woolsey v. Trustees of the Village of EllenvilleNew York Supreme Court · 1893
- Parker v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1853
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3Cited by3 opinions
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