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

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 21, 1905

StatusPublished

This text of 92 N.Y.S. 732 (Fitzgerald v. New York City Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

92 N.Y.S. 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-new-york-city-railway-co-nyappterm-1905.