Thompson v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, 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 27th day of May, 1903, upon the verdict of a jury for $9,500, and also from an order entered in said clerk’s office on the 25th day of May, 19Ó3, dénying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 25th day…
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Appeal by the defendant, 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 27th day of May, 1903, upon the verdict of a jury for $9,500, and also from an order entered in said clerk’s office on the 25th day of May, 19Ó3, dénying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 25th day of May, 1903, granting the plaintiff an extra allowance of costs.
1Opinion of the Court
Mo'Laugi-ilin, J.:
The plaintiff, as the administratrix óf Yirgil D. Thompson, deceased, brought this action to recover the damages alleged to have been sustained by his widow and next of kin on account of his death, upon the ground that • the same was caused solely by the negligence of the defendant. She had a verdict, and from the judgment entered thereon and from an order denying a motion for a new trial defendant has appealed.
At the trial it appeared,, and the facts were uncontradicted, that the intestate about four o’clock in the afternoon on the 11th day of July, 1901, attempted to cross…
2Cases cited2 opinions
- Lynch v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Hoyt v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by11 opinions
- Hynek v. City of SeattleWashington Supreme Court · 1941
- Lofsten v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Schneider v. Locomobile Co. of AmericaAppellate Terms of the Supreme Court of New York · 1913
- Walsh v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Franco v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
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