Hubner v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant-, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the loth day of February, 1902, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 13th day of February, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action was brought to recover damages for injuries claimed to have been received by the negligent act of one of the defendant’s employees. The plaintiff, a boy of the age of about ten years and eight months, was injured while riding a bicycle easterly upon Twenty-sixth street near the corner of Lexington avenue. He and another boy were riding down Twenty-sixth street, and when about fifty feet from Lexington avenue, plaintiff looked up and saw an ash cart coming down the avenue about one hundred feet above Twenty-sixth street. In front of them, standing near the southerly side…
2Cases cited7 opinions
- Erben v. . LorillardNew York Court of Appeals · 1859
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Koehne v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Koehne v. . New York and Queens County Railway CompanyNew York Court of Appeals · 1900
- Traver v. Eighth Avenue RailroadNew York Court of Appeals · 1867
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3Cited by6 opinions
- Carlisle v. . NorrisNew York Court of Appeals · 1915
- O'Doherty v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Moravec v. GrellAppellate Division of the Supreme Court of the State of New York · 1903
- People v. SpeeksAppellate Division of the Supreme Court of the State of New York · 1916
- Bertschinger v. CampbellWashington Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.