Griffiths v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry Griffiths, an infant, by Henry W. Griffiths, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 17th day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 10th day of October, 1900, setting aside the verdict of…
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Appeal by the plaintiff, Harry Griffiths, an infant, by Henry W. Griffiths, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 17th day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 10th day of October, 1900, setting aside the verdict of a jury in favor of the plaintiff for $5,000 and dismissing the complaint.
1Dissent
Laughlin, J. (dissenting):
This action is brought to recover for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant in operating, a car on its uptown track on Columbus avenue between Ninety-third and Ninety-fourth streets, between the hours of five and six o’clock p. m., on the 17th day of April, 1899,, in consequence of which it is alleged that while plaintiff was lawfully *90crossing the avenue in the exercise óf due care he was struck by the car, thrown to the ground and Ms ankle Was so crushed as to require amputation.
The learned trial…
2Cases cited3 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Legare v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Sullivan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899