Legal Opinion

Kelly v. Twenty-third Street Railway Co.

New York Court of Common Pleas

Decided February 6, 1888PublishedCited by 1 opinion

Appeal from a judgment of this court entered on the verdict of a jury and from an order denying a motion for a new trial. The facts are stated in the opinion.

1Opinion of the Court

Per Curiam. — [Present, Larremore, Ch. J., Allen and Bookstaver, JJ.] —

The action was brought to recover for the pecuniary loss sustained by the next of kin of Peter Morris, who died intestate. He was killed, as claimed by the plaintiff, through the negligence of the defendant. There was conflicting evidence, both' as to the negligence of the deceased and of the 'defendant, and we think there was no error in the submission of these questions to the jury.

Peter Morris left no father, mother, widow, children, or other persons dependent on him for support. His only next of kin were a sister and…

2Cases cited4 opinions

  1. Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
  2. City of Chicago v. ScholtenIllinois Supreme Court · 1874
  3. Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
  4. Lockwood v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885

3Cited by1 opinion

  1. Ingrafia v. SamuelsAppellate Division of the Supreme Court of the State of New York · 1902

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