Bohan v. Metropolitan Express Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Express Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 16th day of March, 1907, upon the verdict of a.jury for $1,000, and also from an order entered in said clerk’s office on the 22d day of March, 1907, denying' the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant.
There is little or no dispute as to the material facts involved. The plaintiff’s intestate, an infant about fourteen months old, was being wheeled in a baby carriage along the easterly sidewalk on West End avenue, between Sixty-ninth and Seventieth streets in the city of Hew York, when an automobile express wagon, upon which appeared defendant’s name, going in a southerly direction on West End avenue turned to the east into…
2Cases cited5 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Baldwin v. . AbrahamNew York Court of Appeals · 1902
3Cited by3 opinions
- American Cigar Co. v. FabacherSupreme Court of Louisiana · 1924
- Koenitsky v. MatthewsCity of New York Municipal Court · 1909
- Bernstein v. East 167th Street Corp.City of New York Municipal Court · 1937