Legal Opinion

O'Connor v. Union Railway Co.

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

Decided July 1, 1901PublishedCited by 8 opinions

Appeal by the defendant, the Union Railway Company of New York City, 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 loth day of May, 1901, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 4th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Patterson, J.:

The trial of this action resulted in. a verdict for the plaintiff, from the judgment entered upon which and from an order. denying a motion for a new trial the defendant appeals.

The plaintiff’s intestate was a street sweeper employed by the city of New York. While he was engaged at work on Third avenue, near One Hundred and Sixty-eighth street, he was struck' by a trolley car of the defendant and received injuries from which he died. It is urged by the appellant that the evidence was insufficient to establish either negligence of the defendant's- servant in charge of the car, or…

2Cases cited3 opinions

  1. Smith v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
  2. Dipaolo v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  3. Hennessy v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by8 opinions

  1. Kuzuf v. GebhardtSupreme Court of Missouri · 1980
  2. Volosko v. Interurban Street Railway Co.New York Court of Appeals · 1907
  3. Driscoll v. California Street Cable RailroadCalifornia Court of Appeal · 1926
  4. Graves v. Portland Ry., Light & Power Co.Oregon Supreme Court · 1913
  5. Fitzsimons v. IsmanAppellate Division of the Supreme Court of the State of New York · 1915

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