Froehlich v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the- defendant, the Interborough Rapid Transit, 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 21st d‘ay .of June, 1906,. upon the verdict of- a jury for $8,000, and' also from an order entered in said clerk’s office on the 25th day of-June, -1-906, -denying the defendant’s motion'for a new. trial made ■upon the. minutes. • Action for damages.for death of the plaintiff’s…
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Appeal by the- defendant, the Interborough Rapid Transit, 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 21st d‘ay .of June, 1906,. upon the verdict of- a jury for $8,000, and' also from an order entered in said clerk’s office on the 25th day of-June, -1-906, -denying the defendant’s motion'for a new. trial made ■upon the. minutes. • Action for damages.for death of the plaintiff’s husband. He left no next of kin. The decedent was killed in the subway in Manhattan by being hit by an express train on…
1Opinion of the Court
Gaynor, J.;
The complaint contained four grounds of negligence, (1) that the subway lights were out, (2) that the front lights of the train were .out, (-3) that no warning of the' approach of the train was given by blowing the whistle or otherwise, and (4) that .the train was running at an excessive rate of speed and not under control. During the course of the trial the learned counsel for the plaintiff withdrew the first and second, and the learned trial judge withdrew the fourth in his charge; so that only the question of warning was left-. It was insisted for the plaintiff .that the…
2Cited by5 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1916
- Blanchard v. . D., L. W.R.R. Co.New York Court of Appeals · 1914
- Hoyer v. Central R. Co. of New JerseyCourt of Appeals for the Second Circuit · 1918
- Hochman v. AronowitzAppellate Division of the Supreme Court of the State of New York · 1937
- Blanchard v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1914