Hernandez v. Metropolitan Street Railway Co.

City of New York Municipal Court

Hernandez v. Metropolitan Street Railway Co.

35 Misc. 853, 72 N.Y.S. 1107

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 853 (Hernandez v. Metropolitan Street Railway Co.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hernandez v. Metropolitan Street Railway Co., 35 Misc. 853, 72 N.Y.S. 1107 (N.Y. Super. Ct. 1901).

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Opinions

Hascall, J.

It seems to us that the respondent was clearly guilty of contributory negligence, as disclosed by the testimony introduced on his part; that, standing as he did, when hit by the appellant’s car, was almost an invitation to accident, and that the verdict, being clearly against the weight of evidence, should have been set aside.

Judgment and order appealed from reversed and new trial ordered, with costs to appellant to abide .the event.

Conlan, J., concurs.

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Hascall, J.

It seems to us that the respondent was clearly guilty of contributory negligence, as disclosed by the testimony introduced on his part; that, standing as he did, when hit by the appellant’s car, was almost an invitation to accident, and that the verdict, being clearly against the weight of evidence, should have been set aside.

Judgment and order appealed from reversed and new trial ordered, with costs to appellant to abide .the event.

Conlan, J., concurs.

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Bluebook (online)

35 Misc. 853, 72 N.Y.S. 1107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-metropolitan-street-railway-co-nynyccityct-1901.