Weiss v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius Weiss, as administrator, etc., of Bertha Weiss, 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 17th day of December, 1897, upon the dismissal of the complaint at the .close of the plaintiff’s case by direction of the court after a trial at the New York Trial Term, and also, from an order bearing date the 9th day of December, 1897, and entered in said…
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Appeal by the plaintiff, Julius Weiss, as administrator, etc., of Bertha Weiss, 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 17th day of December, 1897, upon the dismissal of the complaint at the .close of the plaintiff’s case by direction of the court after a trial at the New York Trial Term, and also, from an order bearing date the 9th day of December, 1897, and entered in said clerk’s office, denying the motion of the plaintiff for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
Plaintiff’s intestate, a daughter eight years and four months old, in attempting to pass over Lexington avenue, between One Hundred *222■and Sixth.and-One Hundred and Seventh streets, in the city of New York, was struck by one of defendant’s ■ cars and killed, and this ■action was brought to recover damages upon the ground that her ■death was caused solely by reason of the negligence of the defendant. Upon the' trial, at the close of plaintiff’s case, the complaint was dismissed because, in the opinion of the learned trial justice, the plaintiff had failed to establish that the…
2Cases cited1 opinion
- Wendell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
3Cited by21 opinions
- Ryan v. La Crosse City Railway Co.Wisconsin Supreme Court · 1900
- Lofsten v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Downey v. Baton Rouge Electric & Gas Co.Supreme Court of Louisiana · 1908
- Serano v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1907
- Murphy v. PerlsteinAppellate Division of the Supreme Court of the State of New York · 1902
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