Seifter v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division ot the Supreme Court in the second judicial department, entered November 26, 1900, affirming a judgment i-n favor of plaintiff entered upon a verdict and- an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division ot the Supreme Court in the second judicial department, entered November 26, 1900, affirming a judgment i-n favor of plaintiff entered upon a verdict and- an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing to dismiss the complaint upon defendant’s motion, made upon the ground that there is no proof of unbroken connection between any wrongful act of the defend - ant and the death of the plaintiff’s intestate. (Pollett v. Long, 56 N. Y. 206;…
1DissentLaneon, J.
On December 19, 1894, Pincus. Seifter, the plaintiff’s intestate, was riding and driving in a. one-horse market wagon with a covered top, easterly on. defendant’s railroad tracks, on Myrtle avenue, in the borough, of Brooklyn, when defendant’s trolley car, also moving easterly upon the same tracks, came up from benind and struck the rear end of the wagon and threw Seifter out of the wagon,, thereby causing a fracture of the fibula, or small bone of his left leg above his ankle. He received the ordinary treatment,, but did not recover the use of his leg, and became greatly reduced in flesh and…
2Cases cited7 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Bond v. . SmithNew York Court of Appeals · 1889
- Hurley v. New York & Brooklyn Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
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