Legal Opinion

Gallagher v. New York City Railway Co.

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

Decided March 20, 1908PublishedCited by 1 opinion

Appeal by the defendant, the New York City Eailway 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 15th day of May, 1907, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 15th day of May, 1907, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Clarke, J.:

This is an appeal from a judgment for $5,163.60 entered upon a verdict- and from an order denying a new trial, in an administratrix’s action to recover for the death of her son eleven years eleven . months and five days old, who was killed about half-past four o’clock on March 13, 1905, between One Hundred and Twenty-first and One Hundred and Twenty-second streets on Madison avenue, by a north-bound Madison avenue car. At the locus in quo Madi*870son avenue lies east of Mount Morris Bark Which extends from One Hundred and Twentieth street to One Hundred and Twenty-fourth street. One…

2Cases cited4 opinions

  1. Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
  2. Baxter v. Auburn & Syracuse Electric RailroadNew York Court of Appeals · 1908
  3. Perez v. . SandrowitzNew York Court of Appeals · 1905
  4. Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by1 opinion

  1. Goldberg v. HermanAppellate Division of the Supreme Court of the State of New York · 1910

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