De Ioia v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ermenegilda de Ioia, as administrator, etc., of Francesco de Ioia, 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 3d day of May, 1898, upon the dismissal of the complaint by direction of the court after a trial at the NTew York Trial Term.
1Opinion of the Court
O’Brien, J. :
The action was brought to recover damages for injuries resulting in the death of the plaintiff’s son, through the alleged negligence of the defendant in the operation of one of its horse cars.
When the motion was made to dismiss the complaint at the close of the plaintiff’s case, the questions presented to the learned trial judge were the same as those which we must consider on this appeal, namely, whether there was sufficient evidence to go to the jury upon the defendant’s negligence, and whether the plaintiff’s intestate was *456free from contributory negligence. In determining…
2Cases cited5 opinions
- Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Stabenau v. Atlantic Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Bello v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Reich v. Union Railway Co.New York Supreme Court · 1894
3Cited by2 opinions
- Jackson v. Union Ry. Co. of New York CityAppellate Division of the Supreme Court of the State of New York · 1902
- Sciurba v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902