Lahey v. William Ottmann & Co.
New York Supreme Court
Appeal from Circuit Court, Hew York county. Action by Maggie Lahey, as administratrix of William Lahey, deceased,-1 against William Ottmann & Co., a corporation, to recover damages for causing the death of the intestate by its negligence.
Read the full summary
Appeal from Circuit Court, Hew York county. Action by Maggie Lahey, as administratrix of William Lahey, deceased,-1 against William Ottmann & Co., a corporation, to recover damages for causing the death of the intestate by its negligence. The jury rendered a verdict of $1,000 in favor of plaintiff, on which judgment was entered for $1,155.09, from which judgment, and from an order denying a motion made on the judge’s minutes to set aside said verdict, and for a new trial, defendant appeals.
1Opinion of the CourtFollett, J.
This action is for the recovery of damages occasioned by the death of the plaintiff’s intestate, caused, it is alleged, by the negligence of the defendant’s employe. On the 7th of September, 1892, plaintiff’s intestate was run over by defendant’s cart on Third avenue, near Thirty-Second street, sustaining injuries from the effect of which he died on the next day. It is alleged in the complaint and admitted in the answer that the defendant is a corporation, that it owned the horse and cart, and that it was driven by its employe while engaged in transacting defendant’s business. At the time of…
2Cases cited1 opinion
- Whitaker v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1873
3Cited by2 opinions
- Schaff v. CoyleSupreme Court of Oklahoma · 1925
- Ochs v. KroehleAppellate Division of the Supreme Court of the State of New York · 1918