Johnson v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Oscar Johnson against the Brooklyn Heights Railroad Company to recover damages for personal injuries sustained by reason of defendant’s negligence. From a judgment in favor of plaintiff, and an order denying a motion for a new trial on the minutes, defendant appeals.
1Opinion of the CourtWoodward, J.
The plaintiff in this action was employed as a driver on a market wagon. On the 8th day of January, 1897, he was returning to the home of his employer, in the town of New-town, Queens county, and was passing over Corona avenue, through which the double-track street surface railroad of the defendant company is operated by means of electricity, using the overhead trolley system. Between the hours of 7 and 8 o’clock in the evening, the plaintiff (accepting his testimony) entered upon the tracks of the *548defendant company, and drove along the right-hand track a distance of a mile or more, and, when…
2Cases cited6 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Caven v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by2 opinions
- Quinn v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Mapes v. Union RailroadAppellate Division of the Supreme Court of the State of New York · 1900