Wihnyk v. Second Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by "the defendant, the Second Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 12th day of March, 1896, upon the verdict of a jury for $8,500, and also from an order entered in said clerk’s office on the 11th day of March, 1896, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by "the defendant, the Second Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 12th day of March, 1896, upon the verdict of a jury for $8,500, and also from an order entered in said clerk’s office on the 11th day of March, 1896, denying the defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department" to the second department.
1Opinion of the Court
Cullen, J.:
This action is to recover damages for personal injuries. The plaintiff is an infant, and at the time of the accident was nine years and two months old. At the time of the occurrence in question, a Sunday afternoon in June, 1893, the plaintiff, in company with her mother, two brothers and two sisters, was proceeding easterly on the south side of Seventy-second street, in the city of New York. Of these five children, the oldest was a boy, then not quite eleven years; *516the youngest, a babe in the mother’s arms. They were accompanied by Mrs. Nader, who had with her her two children, one…
2Cases cited3 opinions
- Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Murphy v. . OrrNew York Court of Appeals · 1884
- Riker v. . LeoNew York Court of Appeals · 1889
3Cited by5 opinions
- Boentgen v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Harvey v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Boentgen v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Curtin v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1897
- Lander v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924