Legal Opinion

Bradley v. Second Ave. Railroad

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

Decided November 11, 1898Published

Appeal from trial term, New York county. Action by James Bradley, administrator, against the Second Avenue Railroad Company. From a judgment dismissing the complaint, plaintiff appeals.

1Opinion of the CourtVan Brunt, P. J.

This action was brought to recover dam-ages for the death of the appellant’s intestate through the alleged negligence of the defendant. This case has been previously tried, resulting in a verdict and judgment for the plaintiff, which was reversed by the general term, upon the ground that there was not sufficient evidence of the defendant’s negligence, and of the freedom of the plaintiff’s intestate from contributory negligence. 90 Hun, 419, 35 N. Y. Supp. 918. The accident which resulted in the death of the plaintiff’s intestate occurred on the 25th of January, 1895. He was a passenger upon…

2Cases cited5 opinions

  1. Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
  2. Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
  3. White v. StateIndiana Supreme Court · 1894
  4. Williams v. Delaware, L. & W. RailroadNew York Supreme Court · 1895
  5. Bradley v. Second Ave. R.New York Supreme Court · 1895

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