Fitzgerald v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Fitzgerald v. New York City Railway Co.

92 N.Y.S. 732

Appellate Terms of the Supreme Court of New York·Decided March 21, 1905·Published

Opinion

PER CURIAM.

It cannot be said to be contributory negligence, as a matter of law, for a person to cross a street railway track between two motionless cars. The circumstances under which this accident happened made it incumbent upon defendant to explain, how it happened that the car started and struck the plaintiff. The-dismissal of the complaint was error.

Judgment reversed, and new trial granted, with costs to appellant to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

It cannot be said to be contributory negligence, as a matter of law, for a person to cross a street railway track between two motionless cars. The circumstances under which this accident happened made it incumbent upon defendant to explain, how it happened that the car started and struck the plaintiff. The-dismissal of the complaint was error.

Judgment reversed, and new trial granted, with costs to appellant to abide the event.

Fitzgerald v. New York City Railway Co., 92 N.Y.S. 732 (N.Y. Ct. App. 1905).

Pincite

92 N.Y.S. 732 (Fitzgerald v. New York City Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.