O'Brien v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Railways Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th. day of March, 1918, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 14th day of March, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action by a passenger against a carrier to recover for personal injuries sustained on the 21st day of August, 1915, shortly after noon while the car was crossing.Twenty-fifth street on the north-bound track in Sixth avenue, New York city. I am of opinion that the judgment and order should be reversed on two grounds which I will consider separately.
First. The testimony on the part of the plaintiff tends to show that as the defendant’s car, on which the plaintiff was a passenger, approached Twenty-fifth street from the south, a horse attached to a truck was going…
2Cases cited19 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867
- Ayers v. . Rochester Railway Co.New York Court of Appeals · 1898
- Zimmer v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by12 opinions
- McLean v. Triboro Coach Corp.New York Court of Appeals · 1950
- Moshier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- Hershel Krasnow v. National Airlines, Inc.Court of Appeals for the Second Circuit · 1955
- Thomas v. Central Greyhound Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
- Barbato v. VollmerAppellate Division of the Supreme Court of the State of New York · 1948
7 more not listed; retrieve them via the Exa API.