Buscher v. New York Transportation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gerd Buscher, as administrator, etc., of John T. Buscher, infant, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 21st day of January, 1905, upon the dismissal .of the complaint by direction of the court after a trial at the- New York Trial Term, and also from an order entered in said clerk’s office on the ■ 20th day of January, 1905, denying the plaintiff’s…
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Appeal by the plaintiff, Gerd Buscher, as administrator, etc., of John T. Buscher, infant, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 21st day of January, 1905, upon the dismissal .of the complaint by direction of the court after a trial at the- New York Trial Term, and also from an order entered in said clerk’s office on the ■ 20th day of January, 1905, denying the plaintiff’s motion for -a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The action is brought to recover damages for the death of plaintiff’s intestate which, it is averred, was occasioned by the negligence of the defendant. It was admitted upon the trial that the decedent, a child eight years' and three months of age, was killed by being run over by an automobile operated and controlled by an employee' of the defendant; that the accident happened at the corner of Fortieth street and Tenth avenue, in the city of New York, on the 14th day of April, 1902;. that the .automobile was the property of the defendant, and that at the time the employee operating…
2Cases cited3 opinions
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Adams v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- Barbour v. SheborSupreme Court of Alabama · 1912
- Aiken v. MetcalfSupreme Court of Vermont · 1916
- McFern v. GardnerMissouri Court of Appeals · 1906
- Irwin v. JudgeSupreme Court of Connecticut · 1909
- Buscher v. New York Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1906