Muriano v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Muriano v. Interurban Street Railway Co.

92 N.Y.S. 262

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 23, 1905

StatusPublished

This text of 92 N.Y.S. 262 (Muriano v. Interurban Street 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

Muriano v. Interurban Street Railway Co., 92 N.Y.S. 262 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

The justice erred in charging the jury that if the truck which plaintiff was driving was at a standstill the motorman had no right to put on full speed and strike the truck. The effect of this charge was to withdraw from the jury any question as to the negligence of the motorman in a certain contingency. Whether or not the conductor was guilty of negligence was entirely for the jury, and should have been left to them.

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.

The justice erred in charging the jury that if the truck which plaintiff was driving was at a standstill the motorman had no right to put on full speed and strike the truck. The effect of this charge was to withdraw from the jury any question as to the negligence of the motorman in a certain contingency. Whether or not the conductor was guilty of negligence was entirely for the jury, and should have been left to them.

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

Cite This Page — Counsel Stack

Bluebook (online)

92 N.Y.S. 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muriano-v-interurban-street-railway-co-nyappterm-1905.