Legal Opinion

Bambace v. Interurban Street Railway Co.

New York Court of Appeals

Decided April 16, 1907PublishedCited by 4 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

Read the full summary

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exception of defendant to the refusal of the trial justice to charge its ninth request and to the modification thereof presents reversible error. (Dambmann v. M. S. R. Co., 180 N. Y. 384; Coleman v. S. A. R. Co., 114 N. Y. 612;…

1Opinion of the CourtHaight, J.

This action was brought to recover the damages sustained by reason of the death of plaintiff’s intestate, which was caused, as is alleged, by the negligence of the defendant.

The decedent was eleven year's and four months-old. On the 23d day of September, 1902, he was fatally injured by being run over by a horse car of the defendant near the crossing of Bleecker street on Carmine street in the city of Hew York. The testimony of the plaintiff’s witnesses tended to show that the decedent attempted to cross the street from three to fifteen feet in front of the horses, which were proceeding at…

2Cited by4 opinions

  1. Hoagland v. CanfieldU.S. Circuit Court for the District of Southern New York · 1908
  2. Long v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
  3. Perel v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1918
  4. Zinn v. StiefvaterAppellate Division of the Supreme Court of the State of New York · 1930

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API