Friedman v. Dry-Dock, East Broadway & Battery Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Wilhelmina Friedman as administratrix, etc., of Henry Friedman, deceased, against the Dry-Dock, East Broadway & Battery Railroad Company. From a judgment dismissing her complaint the plaintiff appeals. Dissenting opinion of Judge VanHoesen is as follows: “The evidence shows-that on an evening in January, the plaintiff’s intestate, an old man of sixty-seven, started to cross Grand street, from the north side to the south side..
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Appeal from trial term. Action by Wilhelmina Friedman as administratrix, etc., of Henry Friedman, deceased, against the Dry-Dock, East Broadway & Battery Railroad Company. From a judgment dismissing her complaint the plaintiff appeals. Dissenting opinion of Judge VanHoesen is as follows: “The evidence shows-that on an evening in January, the plaintiff’s intestate, an old man of sixty-seven, started to cross Grand street, from the north side to the south side.. Between the sidewalk on the southerly side of Grand street, and the railway track next to it, there was a snow-bank two feet or more…
1Opinion of the CourtBischoff, J.
This action was brought to recover damages suffered by the death of plaintiff’s intestate alleged to have been caused by the carelessness •or negl grace of the defendant’s driver in the management of one of its cars. The facts relied upon for such recovery, briefly stated, are as follows: On January 25,1881, between about 6 o’clock and 7 o’clock in the evening, plaintiff’s intestate, a man about 67 years of age, and who was in vigorous health, •excepting the usual feebleness accompanying advanced years, attempted to cross Grand street, in the neighborhood of Goerick street, from the north…
2Cases cited1 opinion
- Friedman v. . Dry Dock, East Broadway and Battery Rd. Co.New York Court of Appeals · 1888
3Cited by1 opinion
- Mills v. Brooklyn City RailroadNew York City Court · 1894