Goldstein v. New York State Railways

Headnote

Goldstein v. New York State Railways, 164 App. Div. 910 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 5, 1914, affirming a judgment in favor of plaintiff in an action to recover for the death of plaintiff’s intestate alleged, to have been occasioned through the negligence of defendant. The complaint alleged that the defendant maintained a double street railway car track on Central and Joseph avenues in the city of Rochester; that at the curve where the cars turn at right angles, at the corner of Joseph and Central avenues, the tracks are so constructed that cars in passing each other at the north end of the curb would strike, but that they could pass safely in the center of the curve; that certain unusually long cars could not be operated on the curve; that the sharpness of the curve and the operation óf the long cars created a dangerous situation, and required very careful operation of the cars; that the plaintiff’s intestate was riding on the left-hand side step of the car entering

the city down Joseph avenue, which was crowded inside and outside with no room, for the plaintiff’s intestate to ride, except where he was riding, and that passengers were riding on the outside of the car and were accepted . as passengers in that position; that a car hound outward entered the curve at this particular comer and passed to the north end of the curve when the car inward bound was negligently" operated and entered the curve when it should not have done so, and as a result the cars collided and the plaintiff’s intestate was killed.