Frank v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of April, 1900, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 9th day of April, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The action was brought to recover damages for personal injuries on the ground of the negligence of the defendant in the operation and management of a street car propelled by horses. The plaintiff was a man sixty years of age and familiar with the locality. About seven-thirty, on a dark night, in bad weather, when it was raining, snowing and slushy under foot, the plaintiff was walking on Orchard street in company with his son, daughter-in-law and their children. He preceded the rest, leading one of the children by the hand, and while attempting to cross Stanton street, which…
2Cases cited2 opinions
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- Zimmerman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Healy v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ashley v. JolineAppellate Terms of the Supreme Court of New York · 1910
- Jackson v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Jackson v. Union Ry. Co. of New York CityAppellate Division of the Supreme Court of the State of New York · 1902