Schafer v. Mayor of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1896, affirming a judgment entered upon a nonsuit granted at Trial Term. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1896, affirming a judgment entered upon a nonsuit granted at Trial Term. This action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. The facts, so far as material, are stated in the opinion. The circumstances of the accident and the actions of the deceased, as described by the witnesses, not only tend to show the absence of contributory negligence on his part, but there is direct…
1Opinion of the CourtVann, J.
The scene of the accident which gave rise to this controversy was a point in the city of Yew York where 127th street, running substantially east and west, crosses at right angles Second avenue, which runs nearly north and south. At this place, in September, 1894, an elevated railroad ran through the avenue supported by iron columns, two of which stood in the central line of the street and two more on the line of the crosswalk on the easterly side of the avenue as it crosses the street. From the avenue toward the east the street had not been graded, paved or lighted', but as early as 1881 the…
2Cases cited1 opinion
- Fitzgerald v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1897
3Cited by29 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Schechter v. KlanferNew York Court of Appeals · 1971
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
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