Wallace v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad 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 31st day of March, 1898, upon the verdict of a jury for $9,000, and also from an order entered in said clerk’s office on the 7th day of April, 1898, denying the defendant’s motion for a new tidal made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
On the 18th of May, 1897,- Thomas Wallace, in attempting to board one of the cars of the defendant railroad at the intersection *58of Third avenue and Eighty-fourth street in the city of New York, was run over by a wagon of the defendant brewing company and so injured that he died within a few hours thereafter. This action was brought to recover the damages alleged to have been sustained, by the next of kin, upon the ground that his death was caused by the negligence of the defendants. Upon the trial, at the close of the plaintiff’s case, a motion was made by each defendant to…
2Cases cited3 opinions
- Eppendorf v. . B.C. and N.R.R. Co.New York Court of Appeals · 1877
- Weidman v. SibleyAppellate Division of the Supreme Court of the State of New York · 1897
- Akersloot v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1892
3Cited by3 opinions
- Hall v. Terre Haute Electric Co.Indiana Court of Appeals · 1905
- Kriedermacher v. Union RailwayCity of New York Municipal Court · 1908
- Warren v. BoehmAppellate Division of the Supreme Court of the State of New York · 1932