Legal Opinion

Wimmer v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904PublishedCited by 1 opinion

Appeal by the defendant, the Metropolitan Streét 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 oil the 1st day of June, 1903, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 23d day of May, 1903, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hatch, J:

By this action damages are sought to be recovered for injuries alleged to have been sustained by the plaintiff through the negligent acts of the defendant. Upon the trial evidence was given by the plaintiff tending to show that she was a married woman, about forty-eight years of age, at the time of the reception of the injuries that on the 30th day of September, 1899, the plaintiff, in company with her husband and daughter, attempted to board a street car on Fourth avenue, at the entrance to the tunnel of the railroad, just below Thirty-fourth street.' The plaintiff’s husband…

2Cases cited1 opinion

  1. Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by1 opinion

  1. Reisig v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1920

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