Appellate Terms of the Supreme Court of New York February 15, 1896 (Schoenholtz v. Third Avenue Railroad)

McAdam, J.

The action was to. recover for injuries to the plaintiff and to a wagon and the property contained therein, sustained through a collision between the wagon which the plaintiff was driving and one of defendant’s cable cars at Third avenue and Fifty-third street.

The trial judge, in his charge, instructed the jury that, before the plaintiff could .