Roth v. Third Avenue Railway Co.

Appellate Terms of the Supreme Court of New York

Roth v. Third Avenue Railway Co.

31 Misc. 769, 64 N.Y.S. 1148

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1900

StatusPublished

This text of 31 Misc. 769 (Roth v. Third Avenue 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

Roth v. Third Avenue Railway Co., 31 Misc. 769, 64 N.Y.S. 1148 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Ouriam.

All the witnesses agree that the plaintiff’s cart and defendant’s car collided twice. The first collision was slight and did no damage, and after it the car came to a full stop. The damage was done by the second impact. There was a sharp controversy as to whether the collision resulted from the starting of the car before the cart had got off the track, or whether the cart backed into the car. Upon this issue the court found for the plaintiff, and we see no reason to reverse the finding.

Present: Truax, P. J., Scott and Dugbo, JJ.

Judgment affirmed, with costs.

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Per Ouriam.

All the witnesses agree that the plaintiff’s cart and defendant’s car collided twice. The first collision was slight and did no damage, and after it the car came to a full stop. The damage was done by the second impact. There was a sharp controversy as to whether the collision resulted from the starting of the car before the cart had got off the track, or whether the cart backed into the car. Upon this issue the court found for the plaintiff, and we see no reason to reverse the finding.

Present: Truax, P. J., Scott and Dugbo, JJ.

Judgment affirmed, with costs.

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Bluebook (online)

31 Misc. 769, 64 N.Y.S. 1148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roth-v-third-avenue-railway-co-nyappterm-1900.