Thompson v. Buffalo Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made July 2, 1894, which overruled defendant’s exceptions and directed judgment in favor of plaintiff upon verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying plaintiff’s motion for a new trial.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made July 2, 1894, which overruled defendant’s exceptions and directed judgment in favor of plaintiff upon verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying plaintiff’s motion for a new trial. (Tucker v. N. Y. C. & H. R. R. R. Co., 124 N. Y. 317, 318; Wendel v. N. Y. C. & H. R. R. R. Co., 91 id. 420; Weston v. City of Troy, 139 id. 281; Baker v. E. A. R. R. Co., 62 Hun, 39; Fenton v. S. A. R. R. Co., 126 N. Y. 625 ; Davenport…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for the alleged negligently killing of plaintiff’s intestate. Alcy, the deceased, was a daughter of the plaintiff, fourteen years of age, large for her years, and had been to school for two years.
The defendant was engaged in operating an electric double-track street railway in Broadway in the city of Buffalo.
On the 26th day of May, 1893, between 8 and 9 o’clock in the evening, Alcy with six other girls were engaged in playing “ I spy ” on Broadway, nearly in front of her residence, between Warner and Bother avenues. Alcy was on the northerly side of…
2Cases cited3 opinions
- Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Baker v. Eighth-Avenue RailroadNew York Supreme Court · 1891
3Cited by29 opinions
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Virginia Railway & Power Co. v. BoltzSupreme Court of Virginia · 1918
- Schoonover v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1911
- Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
- Jacobs v. H. J. Koehler Sporting Goods Co.New York Court of Appeals · 1913
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