Legal Opinion

Bradley v. Second Avenue Railroad

New York Court of Common Pleas

Decided June 16, 1879Published

Appeal from a judgment of this court entered upon a verdict for plaintiff, and from an order denying a motion made upon the minutes for a new trial. The facts are stated in the opinion.

1Opinion of the CourtLarremore, J.

This action was brought t® recover damages for the alleged negligence of the defendant’s servantíf'in causing the death of James Bradley, plaintiff’s husband and intestate. The defendant claimed that the intestate’s death was caused by his own carelessness and negligence. On the trial the driver of the car that caused the injury testified that the deceased “ came staggering over to catch the horses by the heads; he seemed to me to be drunk, but I could not say positively he was.”

At the close of the trial the following requests to charge were made by the counsel for the defendant, i. e., “…

2Cases cited3 opinions

  1. Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
  2. Gonzales v. . New York and Harlem R.R. Co.New York Court of Appeals · 1868
  3. McCall v. . New York Central Railroad CompanyNew York Court of Appeals · 1873

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