Lopes v. Linch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George W. Linch, as receiver, 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 8th day of December, 1914, upon the verdict of a jury for §3,500, and also from an order entered in said clerk’s office on the 31st day of December, 1914, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hotchkiss, J.:
Plaintiff, while attempting to cross the tracks of defendant’s road, was injured by being thrown from a wagon which was *42struck and overturned by one of the defendant’s cars. The wagon, which was drawn by one horse and was of the closed type, was loaded with barrels and other receptacles filled with vegetables, and according to plaintiff’s estimate weighed altogether about eight tons. The plaintiff was sitting on the seat in front, beside his father who was driving. The wagon was going north on the east side of Second avenue, on which there are two lines of track, one running…
2Cases cited3 opinions
- Brickell v. N. Y. C. & H. R. R. R. Co.New York Court of Appeals · 1890
- Clancy v. Troy & L. RailroadNew York Supreme Court · 1895
- Netterfield v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Cowan v. Salt Lake & U. R. Co.Utah Supreme Court · 1920
- Estate of Frederick Buse, Inc. v. LinchAppellate Terms of the Supreme Court of New York · 1915