Lamb v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sadie Lamb, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 7th day of June, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Westchester Trial Term, and also from an order entered in said clerk’s office on the 13th day of June, 1907, denying the plaintiff’s motion…
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Appeal by the plaintiff, Sadie Lamb, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 7th day of June, 1907, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the Westchester Trial Term, and also from an order entered in said clerk’s office on the 13th day of June, 1907, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
This is an appeal from a judgment entered upon a nonsuit granted at the close of the plaintiff’s evidence, in an action brought *287to recover damages for negligently causing the death of the plaintiff’s intestate. At about eight-thirty o’clock on the night of October 20, 1906, the deceased was rim over and killed by one of the defendant’s trolley cars on Webster avenue in the city of Yonkers, at a place about half a mile south of the Harlem River railroad station in West Mount Vernon. There is no direct evidence of the exercise of any care whatever on the part of the deceased, and the…
2Cases cited7 opinions
- Noble v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Pruey v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1901
- Beecher v. . Long Island R.R. Co.New York Court of Appeals · 1900
- Beecher v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- Smith v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1929