Legal Opinion

Vollkommer v. Nassau Electric Railroad

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897PublishedCited by 9 opinions

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 cleric of the county of Kings on the 14th day of May, 1897, upon the- verdict of a jury for $16,875 ; also from an order entered in said clerk’s office on the 14th day of June, 1897, denying the defendant’s motion for a new trial made upon the minutes, and also from an order made at the Kings County Special Term and…

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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 cleric of the county of Kings on the 14th day of May, 1897, upon the- verdict of a jury for $16,875 ; also from an order entered in said clerk’s office on the 14th day of June, 1897, denying the defendant’s motion for a new trial made upon the minutes, and also from an order made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of October, 1897, denying its motion for a…

1Per curiam

This action is to recover damages for personal injuries. The plaintiff is. a boy of some fourteen years of age. He and some other boys were playing football on the sidewalk on Marcy avenue, in the city of Brooklyn, on which street the defendant operates a trolley railroad. The ball was kicked into the carriageway of the avenue and rested on the defendant’s tracks. The plaintiff went in pursuit of the ball and was struck by the defendant’s car, the wheels of which passed over one of his legs, necessitating its amputation. The injury being very severe, not wholly unnaturally the verdict was…

2Cases cited2 opinions

  1. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  2. Durant v. AbendrothNew York Supreme Court · 1888

3Cited by9 opinions

  1. James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
  2. Kring v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  3. O'Hara v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  4. People v. HolmesAppellate Division of the Supreme Court of the State of New York · 1898
  5. In re the Estate of TeresNew York Surrogate's Court · 1931

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