Schwartzbaum v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Action by Jennie Schwartzbaum, as administratrix of the estate of Moritz Schwartzbaum, deceased, against the Third Avenue Railroad Company. Motion for a new trial on exceptions to a judgment dismissing the complaint at the close of the evidence ordered to be heard in the first instance.
1Opinion of the CourtO’Brien, J.
Upon a prior appeal (54 App. Div. 164, 66 N. Y. Supp. 367) a judgment entered on the dismissal of the complaint was reversed, and a new trial ordered, and it was held that from the evidence it could not be said as matter of law that the intestate was guilty of contributory negligence. The only question, therefore, upon this appeal is whether, upon the evidence presented at the new trial, the learned trial judge was right in his view that the intestate was, as matter of law, guilty of contributory negligence. We say that it is the only question because we do not understand that either upon the…
2Cases cited3 opinions
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
- Schwarzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Biederman v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Marchal v. Indianapolis Street Railway Co.Indiana Court of Appeals · 1901