Metcalfe v. Rochester Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rochester Railway Company, from, a judgment of the Supreme Court in favor of the plaintiff, entered in.the: office of the clejrk of the county of Monroe on the 23d day of Hay, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Monroe, and also from an order entered in said clerk’s office on the 23d day of March, 1896, denying the defendant’s motion for a new_ trial made upon…
Read the full summary
Appeal by the defendant, the Rochester Railway Company, from, a judgment of the Supreme Court in favor of the plaintiff, entered in.the: office of the clejrk of the county of Monroe on the 23d day of Hay, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Monroe, and also from an order entered in said clerk’s office on the 23d day of March, 1896, denying the defendant’s motion for a new_ trial made upon the minutes. *
1Opinion of the CourtFollett, J.
This action was begun October 18, 1895, to recover damages for a personal injury caused, it is alleged, by the negligence ■ of the defendant, a street railroad in the city of Rochester:
About six o’clock in the afternoon of October 1, 1895, at the corner of Plymouth avenue and Edith street, one of defendant’s cars and a delivery wagon, in which the plaintiff and two young men were riding, collided and the plaintiff was thrown partly under* the car, which ran over and so injured his right arm that it was necessarily amputated at the shoulder. At the time of the accident the plaintiff was four…
2Cases cited16 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Kunz v. . City of TroyNew York Court of Appeals · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1911
- Kupchinsky v. Vacuum Oil Co.New York Court of Appeals · 1933
- Kupchinsky v. Vacuum Oil Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Novak v. StateNew York Court of Claims · 1950
- O'Shea v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1903
2 more not listed; retrieve them via the Exa API.