McDonald v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Grace McDonald, as administratrix, etc., of John F. McDonald, deceased, for a reargument of an 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 28th day of January, 1902, upon the verdict of a jury for $7,500 and also from an order entered in said clerk’s office on the 22d day of January, 1902, denying…
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Motion by the plaintiff, Grace McDonald, as administratrix, etc., of John F. McDonald, deceased, for a reargument of an 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 28th day of January, 1902, upon the verdict of a jury for $7,500 and also from an order entered in said clerk’s office on the 22d day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes. The appeal was decided in favor of the defendant November…
1Opinion of the Court
Hatch, J.:
This motion is based upon the ground that the court overlooked, in considering the charge, a controlling decision of the Court of Appeals. The decision thus called to our attention is that of Mangam v. Brooklyn R. R. Co. (38 N. Y. 455). Therein Judge Grover defined negligence in these words: “ Legal negligence is the omission of such care as persons of ordinary prudence exercise and deem adequate to the circumstances of the case.” That portion of the charge which the court in deciding the case at bar held to be error reads as follows: “ It was the duty of this boy to exercise such…
2Cases cited9 opinions
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
- 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
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
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3Cited by3 opinions
- Buscher v. New York Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Charlton v. Forty-second Steeet, Manhattanville and St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Dunn v. RuppertAppellate Division of the Supreme Court of the State of New York · 1915