White v. Albany Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Albany Railway, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 14th day of March, 1898, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 14th day of March, 1898, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Albany Railway, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 14th day of March, 1898, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 14th day of March, 1898, denying the defendant’s motion for a new trial made upon the minutes. This action is brought by the plaintiff, as administrator of the goods, chattels and credits of his infant son, against the defendant for negligently causing his death. The plaintiff recovered a verdict…
1Opinion of the Court
Parker, P. J.:
The plaintiff’s claim that the death of his son was caused by the negligence of the defendant is based upon two alleged facts, viz.: Excessive speed of the car, and negligent omission of the motorman to stop the car before striking the child.
As to the speed of the car, the city ordinance permitted a speed of twelve miles an hour at the place where the accident happened, and if the car did not exceed that speed, negligence cannot be imputed to the defendant on account of its speed alone. In that case, it was not running in violation of any law or ordinance, and that rate of…
2Cases cited2 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Stabenau v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1898
3Cited by2 opinions
- Spencer Livestock Commission Company Mike Donaldson v. Department of AgricultureCourt of Appeals for the Ninth Circuit · 1988
- McFarland v. Elmira Water, Light & RailroadAppellate Division of the Supreme Court of the State of New York · 1909