Nowakowski v. New York & North Shore Traction Co.
New York Court of Appeals
Appeal from a judgment, entered July 6, 1914, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s motorman was negligent and his negligence was the proximate cause of the accident. (McFarland v. E. W. L. R. R. Co., 136 App.
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Appeal from a judgment, entered July 6, 1914, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s motorman was negligent and his negligence was the proximate cause of the accident. (McFarland v. E. W. L. R. R. Co., 136 App. Div. 194; Mullen v. Schenectady Ry. Co., 214 N. Y. 300; Smith v. Rochester Ry. Co., 197 N. Y. 600; Dempsey v. B. H. R.…
1Opinion of the CourtChase, J.
This is an action to recover damages for personal injuries. The plaintiff on May 26, 1912, was struck by a trolley car of the defendant, and his right leg was so injured that it was necessary to amputate it a little below the knee. At the time of the accident he was between eight and nine years old. The accident occurred on Crocheron avenue, in Bayside, on the double track trolley line running from Bayside to Flushing. It occurred on a Sunday. The plaintiff left his home a short time before the accident to attend a Sunday school at the Polish Catholic church, which is situated on the north…
2Cases cited5 opinions
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Jacobs v. H. J. Koehler Sporting Goods Co.New York Court of Appeals · 1913
- Simkoff v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1907
- Lafferty v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1903
3Cited by2 opinions
- Ramirez v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1954
- Blackwood v. FarleyNew York Supreme Court · 1963