Haff v. Metropolitan St. Railway Co.

Appellate Division of the Supreme Court of New York

Haff v. Metropolitan St. Railway Co.

63 N.Y.S. 1108

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 5, 1900

StatusPublished

This text of 63 N.Y.S. 1108 (Haff v. Metropolitan St. Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Haff v. Metropolitan St. Railway Co., 63 N.Y.S. 1108 (N.Y. Ct. App. 1900).

Pincite

Opinion

PER CURIAM.

There is evidence that the wagon was pulled upon the track 50 feet ahead of the car, and had proceeded along in front of the car 7Ó feet, before it was struck. This is sufficient, under the other circumstances, to sustain a finding of negligence on defendant’s part and freedom from contributory negligence on plaintiff’s part. The evidence warrants a finding of the loss of $81.83 through expense incurre* in repairing, and $40 through depreciation in the value of the wagon,_ and of no other loss. The reasonable cost of hiring another wagon was not shown. As the damages were found to be $160, the judgment is modified by reducing it $38.17, and, as so modified, is affirmed, without costs.

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PER CURIAM.

There is evidence that the wagon was pulled upon the track 50 feet ahead of the car, and had proceeded along in front of the car 7Ó feet, before it was struck. This is sufficient, under the other circumstances, to sustain a finding of negligence on defendant’s part and freedom from contributory negligence on plaintiff’s part. The evidence warrants a finding of the loss of $81.83 through expense incurre* in repairing, and $40 through depreciation in the value of the wagon,_ and of no other loss. The reasonable cost of hiring another wagon was not shown. As the damages were found to be $160, the judgment is modified by reducing it $38.17, and, as so modified, is affirmed, without costs.

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Bluebook (online)

63 N.Y.S. 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haff-v-metropolitan-st-railway-co-nyappdiv-1900.