McGahey v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
- Appeal by the defendant, the Nassau Electric 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 Kings on the 10th' day of January, 1900, upon the verdict of -a jury for $5,500, and also from, an order entered in said clerk’s office, on the ll'th day of January, 1900, denying the defendant’s motion for a new -trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
William McG'ahey, the plaintiff’s intestate, was injured, it .is claimed, by a collision- between one of the defendant’s cars and a wagon in which he was riding, on the 31st day of December, 1896. On January 4, 1897, in consideration of a small sum- of money, he executed and delivered to the defendant- a general release, duly acknowledged, releasing the defendant' from all liability by reason of the collision. Attached to the release, however, is a bill against the-company for damages to the wagon only, made-out in the' stim which- is named as the consideration in the release.…
2Cases cited2 opinions
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Gray v. HavilandAppellate Division of the Supreme Court of the State of New York · 1899