Legal Opinion

Hoey v. Metropolitan Street Railway Co.

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

Decided March 15, 1902PublishedCited by 18 opinions

Appeal by the plaintiff, Katie Y. Hoey, as administratrix, etc., of James J. Hoey, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 23d day of October, 1901, upon the decision of the court, rendered after a trial at the New York Trial Term, dismissing the complaint upon the merits and setting aside the general verdict and the special findings of fact brought in by the jury, except…

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Appeal by the plaintiff, Katie Y. Hoey, as administratrix, etc., of James J. Hoey, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 23d day of October, 1901, upon the decision of the court, rendered after a trial at the New York Trial Term, dismissing the complaint upon the merits and setting aside the general verdict and the special findings of fact brought in by the jury, except the first finding, with notice of an intention to bring up for review upon said appeal the order dismissing the complaint…

1Opinion of the Court

McLaughlin, J.:

On the 11th of December, 1899, James J. Hoey, the plaintiff’s intestate, while a passenger in one of the defendants’ cars, was seriously injured by the car in which he was riding colliding with another car belonging to the defendants. He died on the 30th of September, 1900, and this action was brought to recover damages for his death, on the ground that the negligence of the defendants was the cause of it.

At the trial the defendants’ negligence and the intestate’s freedom from negligence were conceded, and the sole question litigated was whether the injuries sustained by the…

2Cases cited4 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Laidlaw v. . SageNew York Court of Appeals · 1899
  3. Seifter v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1901
  4. Weber v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by18 opinions

  1. Atchison, T. & S. F. Ry. Co. v. MelsonSupreme Court of Oklahoma · 1913
  2. Levy v. Grove Mills Paper Co.Appellate Division of the Supreme Court of the State of New York · 1903
  3. Antes v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1906
  4. Bergman v. Scottish Union & National InsuranceNew York Court of Appeals · 1934
  5. Blyth v. J. M. Quinby & Co.Appellate Division of the Supreme Court of the State of New York · 1912

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