Levine v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Van Brunt, P. J., and Ingraham, J., dissented. 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 3d day of March, 1902, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 11th day of March, 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 Benjamin Levine,' alleged to have been caused by the negligence of the defendant. The decedent was six and a half years of age, and on the 16tli day of August, 1901, he and his brother Philip, twelve *428years of age, were going- from their home on East Third street to visit their aunt, who resided on Thirty-ninth street near Seventh avenue., They hoarded a Broadway car and after they passed Thirty-fourth street it was delayed by a blockade of cars between Thirty-fourth and Thirty-fifth streets. Their car stopped a little south…
2Cited by4 opinions
- Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908
- Stoner v. Metropolitan Edison Co.Supreme Court of Pennsylvania · 1970
- Novak v. StateNew York Court of Claims · 1950
- Reehil v. FraasAppellate Division of the Supreme Court of the State of New York · 1908