McCann v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catherine McCann, as administratrix, etc., of Simon McCann, deceased, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 11th day of February, 1902, setting aside the verdict of a jury in favor of the plaintiff for $5,500, and granting a new trial of the action.
1Opinion of the Court
Laughlin, J.:
This is a statutory action to recover damages for the death of ¡Simon McCann. The case has been tried four times, each trial *306resulting in a verdict for the plaintiff. The first verdict was for $6,000. On appeal it was set aside by this court as against the weight of evidence (28 App. Div. 625). On the second trial the. plaintiff also recovered a verdict for $6,000, and on appeal it was. held tha't the evidence required the submission of the case to-the jury, but the judgment was reversed on an exception to the charge (56 App. Div. 419). The third verdict was for $12,000 and this…
2Cases cited11 opinions
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- Haring v. New-York & Erie RailroadNew York Supreme Court · 1852
- Clark v. JenkinsMassachusetts Supreme Judicial Court · 1894
- Dorwin v. WestbrookAppellate Division of the Supreme Court of the State of New York · 1896
- Nutting v. Kings County El. RailroadNew York Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Perry v. FowlerCalifornia Court of Appeal · 1951
- Werthner v. OleninNew York Supreme Court · 1945
- Perham v. CottleNew York Supreme Court · 1916
- Gutman v. WeisbarthAppellate Division of the Supreme Court of the State of New York · 1920
- Kingsley v. Finch, Pruyn & Co.New York Supreme Court · 1907
13 more not listed; retrieve them via the Exa API.