McCahill v. New York Transportation Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Oourt in the first judicial department, entered December 20, 1909, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinions.
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Appeal from a judgment of the Appellate Division of the Supreme Oourt in the first judicial department, entered December 20, 1909, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinions. It is undisputed that the decedent’s death was not caused by the injuries sustained in the accident, but was caused by delirium tremens due to excessive drinking, and it was, therefore, error to submit the case to the jury. (Seifert v. B. H. R. R. Co., 169 N. Y. 254; Hoey v. M. St. Ry. Co., 70 App. Div. 63;…
1Opinion of the CourtHiscock, J.
One of the appellant’s taxicabs struck respondent’s intestate on Broadway, in the city of 27ew York, in the night time under circumstances which, as detailed by the most favorable evidence, permitted the jury to find that the former was guilty of negligence and the latter free from contributory negligence. As a result of the accident the intestate was thrown about twenty feet, his thigh broken and his knee injured. He immediately became unconscious and was shortly removed to a hospital, where he died on the second day thereafter of delirium tremens. A physician testified that the patient…
2Cases cited9 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Jeffersonville, Madison, & Indianapolis Railroad v. RileyIndiana Supreme Court · 1872
- Allison v. C. & N. W. R. Co.Supreme Court of Iowa · 1875
- State v. SmithSupreme Court of Iowa · 1887
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- Spivey v. St. Thomas HospitalCourt of Appeals of Tennessee · 1947
- Dunham v. Village of CanisteoNew York Court of Appeals · 1952
- Tobin v. SteiselNew York Court of Appeals · 1985
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
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