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Roth v. Third Avenue Railway Co.

Supreme Court, Appellate Term
May 1, 1900
31 Misc. 769 (N.Y. App. Term 1900)

Opinion

May, 1900.

Hoadly, Lauterbach Johnson, for appellant.

Leon Lewin, for respondent.


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 DUGRO, JJ.

Judgment affirmed, with costs.


Summaries of

Roth v. Third Avenue Railway Co.

Supreme Court, Appellate Term
May 1, 1900
31 Misc. 769 (N.Y. App. Term 1900)
Case details for

Roth v. Third Avenue Railway Co.

Case Details

Full title:JULIUS ROTH, Respondent, v . THE THIRD AVENUE RAILWAY CO., Appellant

Court:Supreme Court, Appellate Term

Date published: May 1, 1900

Citations

31 Misc. 769 (N.Y. App. Term 1900)