Metcalfe v. Rochester Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Monroe county. Action by Victor Metcalfe, an infant, by guardian ad litem, against the Bochester Bailway Company. From a judgment entered
1Opinion of the CourtFollett, J.
This action was begun October 18, 1895, to recover damages for a personal injury, caused, it is alleged, by the negligence of the defendant, a street railroad in the city of Roches*662ter. About 6 o’clock in the afternoon of October 1, 1895, at the corner of Plymouth avenue and Edith street, one of defendant’s cars- and a delivery wagon, in which the plaintiff and two young men were riding, collided, and the plaintiff was thrown partly under the car, which ran over and so injured his right arm that it was necessarily amputated at the shoulder. At the time of the accident the plaintiff was four…
2Cases cited18 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
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3Cited by2 opinions
- Fealy v. BullAppellate Division of the Supreme Court of the State of New York · 1898
- O'Shea v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1903