Perras v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Albany County. Action by Esther Perras, as administratrix of Isaac Perras, deceased, against the United Traction Company. Judgment for plaintiff, and from an order denying a motion for a new trial defendant appeals. Reversed.
1Opinion of the CourtHoughton, J.
The action is for damages for the negligent killing of plaintiff’s intestate, Isaac Perras. The complaint alleges that while the deceased was riding in a wagon driven by another, a car operated by defendant, going in the same direction, collided with and overturned the wagon, causing the injury from which he died. The negligence alleged in the complaint was excessive speed, lack of warning, and improper management of the car; and the theory upon which the case was presented to the jury and upon which the judgment is sought to be sustained is that the car, by reason of such *993excessive speed and…
2Cases cited6 opinions
- Kennedy v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Lawson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Morrow v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Fishbach v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
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3Cited by1 opinion
- Henderson v. Los Angeles Traction Co.California Supreme Court · 1907