Legal Opinion · Dissent

Lawson v. Metropolitan Street Railway Co.

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

Decided May 15, 1899Published

Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19tli day of January, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 14tli day of February, 1898, denying the defendant’s motion for a new trial made upon the minutes.

1DissentMcLaughlin, J.

This action was brought to recover damages sustained by the plaintiff as administrator of the estate of Charles Ruppert, whose ■death, it is alleged, was caused by the negligence of the defendant. The plaintiff had a verdict, and from the judgment entered thereon ■and from an order denying a motion for a new trial the defendant lias appealed.

On the trial it appeared that the deceased, on the 23d of Febru■ary, 1897, between three and four o’clock in the afternoon, was driving a truck drawn by two horses northerly on the east side of Sixth •avenue in the city of New York, and when he had…

2Cases cited4 opinions

  1. Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
  2. Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
  3. Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
  4. Rosenblatt v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898

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