Buscher v. New York Transportation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,.the New York Transportation 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 December, 1905, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office- on the 6th day of December, 1905, denying the defendant’s motion for a new- trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The action was to recover the damages sustained by the death of the plaintiff’s intestate. Upon a former appeal from a judgment dismissing the complaint it was held that the dismissal was improper as there was a question for the jury. (106 App. Div. 493.) Mr. Justice Hatch, delivering the opinion of the court, then said : “ The evidence would have authorized the jury to find that the deceased was a bright, active boy, capable in some degree of caring for himself while on the street. . The proof upon the part of the plaintiff tended to establish that the. automobile was running at…
2Cases cited4 opinions
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Buscher v. New York Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Ardolino v. ReinhardtAppellate Division of the Supreme Court of the State of New York · 1909