McGrath v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Queens county. Action by John McGrath-against the Third Avenue Railroad Company for personal injuries and for injuries to plaintiff's horse, "wagon and harness, alleged to have been caused by defendant’s "negligence. From a judgment for $3.234.37, damages and costs, ■and from an order denying a motion for a new trial, made on the minutes, defendant appeals.
1Per curiam
Upon the main question of the negligence of qhe defendant and of contributory negligence upon the part of the plaintiff, we are of opinion that the evidence is sufficient to uphold the recovery for the personal injuries sustained. It would be of little service to here set down the process of reasoning by which this result is reached, as it simply involves the application of well-■established rules to slightly differing proof.
So far as the injury to the horse is concerned, a different question is presented. There does not seem to be any sufficient evidence to show that the death of the horse…
2Cases cited1 opinion
- Ludlow v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1896