Maher v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by Michael Maher against the Metropolitan Street Railway and the American Ice Company. From a judgmént for plaintiff and an order denying a motion for a new trial, both defendants separately appeal. Affirmed as to the ice company, and reversed as to the street railway company.
1Opinion of the CourtMcLAUGHLIN, J.
The plaintiff was a passenger on one of the defendant railway company’s cars, and received personal injuries by its colliding with one of the defendant ice company’s wagons. He had a verdict for $1,000 against both of the defendants on the *826ground that his injuries were caused by their joint negligence, and from the judgment entered thereon each defendant has separately appealed.
The facts, as developed by the testimony at the trial, are not complicated. It appeared that about 7 o’clock in the morning of September 3, 1901, the plaintiff entered one of the defendant’s northbound cars at 125th…
2Cases cited3 opinions
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Ludwig v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1903
3Cited by1 opinion
- Kaliniak v. JolineAppellate Terms of the Supreme Court of New York · 1910