Sias v. Rochester Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 18, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 18, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. It having been conceded upon the trial that the plaintiffs’ intestate died as the result of the injury sustained in the accident in question, there is no conclusive presumption of law that because the death occurred more than a year and a day thereafter it did not…
1Opinion of the CourtGray, J.
The action was brought to recover damages of the defendant, the Rochester Railway Company, for causing the death of the plaintiffs’ intestate through negligence. The defendant operated a street railway in the city of Rochester and the accident happened upon its Lake avenue line. The tracks were located between the curb" of the street and the sidewalk, and, for the whole distance, were, more or less, close to the trees, which were grown upon the sides of the avenue. By -a traffic arrangement between the defendant and the Rochester Electric Railway Company, the latter, which operated an…
2Cited by2 opinions
- New York Central Railroad v. BarnetAppellate Division of the Supreme Court of the State of New York · 1920
- Georgetown & Tennallytown Railway Co. v. SmithCourt of Appeals for the D.C. Circuit · 1905