Huntley v. Dry Dock, East Broadway & Battery Railroad 234 N.Y. 574

Joseph Huntley, Respondent, v. Dry Dock, East Broadway and Battery Railroad Company, Appellant.

Negligence — railroads — injury to driver of wagon struck by trolley car.

Huntley v. Dry Dock, East Broadway & Battery R. R. Co., 194 App. Div. 968, affirmed.

(Argued October 13, 1922;

decided October 27, 1922.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, *575entered February 11, 1921, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The complaint alleged that defendant was a street railway corporation operating an electric street car system through the streets of the city of New York, and in particular at and near the intersection of Canal and Sullivan streets, borough of Manhattan, city of New York; that on August 18, 1918, while the plaintiff was driving a wagon at or near the intersection of Canal and Sullivan streets, defendant’s trolley car was so carelessly and negligently driven that it collided with the wagon, knocking plaintiff from the seat and seriously injuring him; that the accident was caused solely by the negligence of defendant, and that the plaintiff was exercising due care and in no way contributed to the accident.

James M. O’ Neill, Edward A. Maher and Alfred T. Davison for appellant.

George W. Smyth for respondent.