Butler v. Manhattan Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Thomas Butler against the Manhattan Railway Company for loss of the services of his wife, resulting from the alleged negligence of defendant. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtGildersleeve, J.
The plaintiff’s wife sustained personal injuries through the alleged negligence of the defendant. This action is brought by the husband for loss of services. While Mrs. Butler, the plaintiff’s wife, was boarding one of defendant’s trains, she was struck on the side by the gate which the train guard was closing. The evidence fully justified the jury in finding a verdict for the plaintiff. The defendant does not deny that Mrs. Butler was struck by the gate, but the violence of the blow, and its alleged effects, are earnestly contested. The questions of fact thus raised were properly submitted…
2Cases cited2 opinions
- Tilson v. . TerwilligerNew York Court of Appeals · 1874
- Butler v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1893