Wolf v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad Company from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of New York on the 1st day of April, 1901, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 14th day of May, 1901, denying the said defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Third Avenue Railroad Company from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of New York on the 1st day of April, 1901, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 14th day of May, 1901, denying the said defendant’s motion for a new trial made upon the minutes. Also an appeal by the defendants, Bernard Naughton and another,, from the above-mentioned judgment, entered as aforesaid, and also-from an order entered in said clerk’s office on the…
1Opinion of the Court
Laughlin, J.:
The action is brought to recover damages for personal injuries sustained by the plaintiff in stepping from a car on the Third avenue line into an open trench at One Hundred and Fifth street at about eleven o’clock at night on the 15th day of November, 1898. The individual defendants were copartners engaged in the contracting business under the firm name of Naughton & Co. It was alleged in the complaint and admitted by the answer of the contractors that they were engaged in digging a subway along Third avenue for the purpose of laying a subway electric road for the use and benefit…
2Cases cited8 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Blake v. . FerrisNew York Court of Appeals · 1851
- Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867
- Alberti v. N. Y., Lake Erie & Western RailroadNew York Court of Appeals · 1889
- Scanlon v. City of WatertownAppellate Division of the Supreme Court of the State of New York · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- MacDonald v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Kennedy v. FlemingSupreme Court of Kansas · 1923
- MacKenzie v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Favier v. WinickNew York Supreme Court · 1992
- Gaebler v. . GalloNew York Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.