Mieuli v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stefano Mieuli, as administrator, etc:, from a judgment of the Supreme Court in favor of the defendant, entered'in the office of the clerk of the county of Queens on the 3d day of March, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day, of March, 1909, denying the plaintiff’s motion for anew trial made upon the minutes in an. action brought to recover damages sustained in consequence of the death…
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Appeal by the plaintiff, Stefano Mieuli, as administrator, etc:, from a judgment of the Supreme Court in favor of the defendant, entered'in the office of the clerk of the county of Queens on the 3d day of March, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day, of March, 1909, denying the plaintiff’s motion for anew trial made upon the minutes in an. action brought to recover damages sustained in consequence of the death of plaintiff’s intestate caused by the alleged negligence of defendant’s servants.
1Opinion of the Court
Rich, J.:
The deceased was a passenger upon one of defendant’s cars, operated through Vernon avenue in Long Island City, at midnight of November 17, 1907. At half-past one o’clock he was found at the corner of Worth street and Vernon avenue severely bruised and injured and taken to St. John’s Hospital, where he died on the same day of cerebral hemorrhage. The question litigated was how and in what manner he received such injuries. The plaintiff’s theory is that, as the car upon which his intestate was riding approached Noble street, the latter signaled the conductor to stop, and the car was…
2Cases cited5 opinions
- Fealey v. . BullNew York Court of Appeals · 1900
- Jarchover v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Grogan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Sawalsky v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Smith v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by27 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Olsen v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1960
- Annunziata v. ColasantiAppellate Division of the Supreme Court of the State of New York · 1987
- Scheuerman v. Knapp Coal Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Solkey v. BeyerAppellate Division of the Supreme Court of the State of New York · 1933
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