Johnson v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry James Johnson, as administrator, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bronx on the 2d day of October, 1917, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Greenbaum, J.:
This is an appeal from a judgment dismissing the plaintiff’s complaint upon the conclusion of plaintiff’s case. The dismissal entitles the plaintiff to every favorable inference which may be fairly drawn from the evidence given in his behalf.
The facts as established by the evidence are as follows: The plaintiff’s intestate, his son, a youth of fifteen years of age, was killed on the 6th day of November, 1914, shortly after seven p. m., on one of the tracks of the Third Avenue railway structure in front of the uptown Fourteenth street station. The decedent at the time of his…
2Cases cited6 opinions
- McKeon v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Weitzman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Feldman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Feldman v. . the the New York Central Hudson River Rd.New York Court of Appeals · 1912
- Sheehan v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1911
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