Ehrhard 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 13th day of May, 1901, upon the verdict of a. jury for $2,000, and also from an order entered in said clerk’s office on the 14th day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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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 13th day of May, 1901, upon the verdict of a. jury for $2,000, and also from an order entered in said clerk’s office on the 14th day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff’s intestate met her death by' falling or being thrown from one of the defendant’s street cars. The witness Nixon claimed to-have seen the accident from the window of his…
1Opinion of the Court
Hatch, J.:
This is an action for damages for the death of the plaintiff’s intestate, caused by the alleged negligence of the defendant, and is ■ its second appearance in this court.
Upon the former trial of the action, the jury rendered a verdict in favor of the plaintiff, which upon appeal to this court was-reversed upon the ground that the verdict was against the weight of evidence. (58 App. Div. 613.) It appears by the present record that a recovery has again been had upon practically the same state of facts as were shown upon the former trial.
The conclusion upon the former appeal that the…
2Cases cited2 opinions
- Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
3Cited by7 opinions
- People v. CavinessNew York Court of Appeals · 1975
- Cromeenes v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1910
- Kuperschmidt v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1905
- Marlatt v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Renz v. LugtAppellate Division of the Supreme Court of the State of New York · 1911
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