Legal Opinion

Bruss v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1901PublishedCited by 6 opinions

Appeal by the plaintiff, Minnie Brass, as administratrix, etc., of August Bruss, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of" January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.

1Opinion of the Court

McLaughlin, J.:

The action was brought to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. At the trial, at the close of the plaintiff’s case, the complaint was dismissed, and from the judgment thereafter entered 'she has appealed. From the testimony adduced by her it appears that on Wednesday, the 27th of June, 1900, between nine and ten o’clock in the forenoon, her intestate was driving on Second avenue in the city of New York a team attached to a wagon loaded with beer kegs. Approaching Thirty-third street in that…

2Cases cited8 opinions

  1. Turner v. . City of NewburghNew York Court of Appeals · 1888
  2. McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
  3. Kennedy v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  4. Quinn v. O'KeeffeAppellate Division of the Supreme Court of the State of New York · 1896
  5. Lawson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899

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3Cited by6 opinions

  1. Mella v. Northern S. S. Co.U.S. Circuit Court for the District of Southern New York · 1908
  2. Wagner v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  3. Wagner v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. Benjamin v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
  5. Newton v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1905

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