Schmidt v. Coney Island & B. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Julia E. Schmidt, administratrix, etc., of Clifford A. Schmidt, deceased, against the Coney Island & Brooklyn Railroad Company, for the death of plaintiff’s intestate. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtWillard Bartlett, J.
The plaintiff has recovered a verdict of $15,000 against the defendant for negligently causing the death of her husband, Clifford A. Schmidt, who was a passenger on one of its electric trolley cars, on the way from Coney Island to Brooklyn, on the afternoon of the '16th day of May, 1895. The motive power on the defendant’s line is applied by what is known as the center-post system, the wires through which the electric current is conveyed to the cars being supported by posts set between the two tracks. At the time of the accident Mr. Schmidt was seated at the end of the forward seat of an open…
2Cases cited2 opinions
- Cohn v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Byrne v. Brooklyn City & Newtown RailroadNew York City Court · 1893
3Cited by2 opinions
- St. Louis & S. F. R. Co. v. HartSupreme Court of Oklahoma · 1914
- Whitaker v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902