Schneiders v. Central Crosstown Railroad

Appellate Terms of the Supreme Court of New York

Schneiders v. Central Crosstown Railroad

87 N.Y.S. 453

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 24, 1904

StatusPublished

This text of 87 N.Y.S. 453 (Schneiders v. Central Crosstown Railroad) 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

Schneiders v. Central Crosstown Railroad, 87 N.Y.S. 453 (N.Y. Ct. App. 1904).

Pincite

Opinion

SCOTT, J.

The evidence so greatly preponderates in defendant’s favor that there should be a new trial. It seems to be clear that the car was going very slowly, and that the push cart ran into it after the head of the car had safely passed. The motorman could not have been expected to anticipate this collision. The testimony of the push-cart man, who is really the plaintiff’s only witness as to how the accident happened, is quite overborne by the testimony of the defendant’s witnesses.

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

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SCOTT, J.

The evidence so greatly preponderates in defendant’s favor that there should be a new trial. It seems to be clear that the car was going very slowly, and that the push cart ran into it after the head of the car had safely passed. The motorman could not have been expected to anticipate this collision. The testimony of the push-cart man, who is really the plaintiff’s only witness as to how the accident happened, is quite overborne by the testimony of the defendant’s witnesses.

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

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Bluebook (online)

87 N.Y.S. 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneiders-v-central-crosstown-railroad-nyappterm-1904.