Strauss v. Newburgh Electric Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Salomon Strauss, as administrator, etc., of Pauline Moses, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 27th day of April, 1896, upon a nonsuit granted by the court after a trial before the court and a jury at the Orange Circuit.
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Appeal by the plaintiff, Salomon Strauss, as administrator, etc., of Pauline Moses, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 27th day of April, 1896, upon a nonsuit granted by the court after a trial before the court and a jury at the Orange Circuit. The action was brought to recover damages resulting from the death of the plaintiff’s intestate, which was alleged to have been caused by the negligence of the defendant.
1Opinion of the Court
Per Curiam :
Plaintiff’s intestate was killed on the 4th day of July, 1894, by an electric trolley car, operated by defendant, upon its tracks, located upon Bridge street in the city of Newburgh. The proof upon the part of plaintiff tended to establish the fact that deceased, with her two daughters, were seated in a vehicle drawn by one horse and driven by William Pfeiffer. The answer admitted that deceased was an occupant of the vehicle at the invitation of its driver, and the *266evidence was that she had no control over or voice in its management. Pfeiffer drove the horse upon Bridge street,…
2Cases cited2 opinions
- Salter v. . Utica and Black River Railroad CompanyNew York Court of Appeals · 1874
- Kessler v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- Duval v. . R. R.Supreme Court of North Carolina · 1904
- Duval v. Railroad Co.Supreme Court of North Carolina · 1904
- Loso v. Lancaster CountyNebraska Supreme Court · 1906
- Fisher v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Bergold v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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