Loudoun v. . Eighth Ave. R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred' in denying the motion which was made to dismiss the complaint as against the Eighth Avenue Railroad Company when the plaintiff rested. (Whittaker’s Smith on Negligence, § 421; Wright v. M. Ry. Co., L. R. [8 Exch.] 137; Daniel v. M. R. Co., L. R. [3 C.…
1Opinion of the CourtCullen, J.
This action was brought to recover damages for personal injuries alleged to have been received in a collision between the cars of the two defendants. The plaintiff and her husband were passengers in an open horse car on the Eighth Avenue railroad. The Third Avenue Bailroad Company operated a cable road on One Hundred and Twenty-fifth street, which crosses Eighth avenue at right angles. At the time of the collision the plaintiff was sitting in the rear seat of the Eighth avenue car. That car, while passing over' the intersection of the two roads, was struck by the cable car at the point where…
2Cases cited5 opinions
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Hogan v. Manhattan Railway Co.New York Court of Appeals · 1896
- Falke v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by48 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Plumb v. . Richmond Light R.R. Co.New York Court of Appeals · 1922
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