Lavin v. Second Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Second Avenue Railroad 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 30th day of April, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 30th day of April, 1896, denying the defendant’s motion for a new trial…
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Appeal by the defendant, the Second Avenue Railroad 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 30th day of April, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 30th day of April, 1896, denying the defendant’s motion for a new trial made .upon the minutes.
1Opinion of the CourtPatterson, J.
We are of opinion that the evidence introduced by the plaintiff was insufficient to sustain the allegation of the complaint; that the accident which resulted in the death of the plaintiff’s intestate was due to the negligence of the defendant, and that for that reason the motion for a nonsuit should have been granted.
It appears that the child was crossing from the west side to the east side of Second avenue, in the city of New Tork, at about the middle of the block between One Hundred and Sixth and One Hundred and Seventh streets. The defendant’s car was:proceeding northward.on the easterly…
2Cases cited1 opinion
- Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
3Cited by1 opinion
- Stabenau v. Atlantic Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897