McIlwaine 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 27th day of January, 1902, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 10th day of February, 1902, denying the defendant’s motion' for -a new trial made upon the minutes'.
1Opinion of the Court
Laughlin, J.:
This is a statutory action to recover for the death of David Mcllwaine which is alleged to have been caused through the negligence of the defendant.
Whether the decedent was free from negligence and whether his death was caused by the negligence of the defendant were fair questions of fact which were properly submitted to the jury. The case appears to have been tried with ability and care not only on the part of the court but on the part of the counsel. There is, however, an exception that requires a reversal.
The decedent was twenty-nine years of age and his occupation was that of…
2Cited by6 opinions
- Josephine A. St. Clair, as of the Estate of Harold W. St. Clair, Deceased v. Eastern Air Lines, Inc.Court of Appeals for the Second Circuit · 1960
- Lundberg v. BaumgartnerWashington Supreme Court · 1940
- Stocki v. NunnWyoming Supreme Court · 2015
- Hosmer v. DistlerAppellate Division of the Supreme Court of the State of New York · 1989
- Hill v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1928
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