Azzara v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Salvatore Azzara, as administrator, etc., from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 28th day of June, 1907, granting the defendant’s motion to set aside a verdict in favor of the plaintiff and for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
This action is brought to recover for the pecuniary injury resulting to the plaintiff as the father and next of kin of a child four years of age. The jury found a verdict for the plaintiff, and assessed the damages at $2,675. On motion the verdict was set aside and a new trial ordered by the learned justice before whom the case was tried. An appeal is taken from the order entered in accordance with his decision.
The vital question in the case is whether the child was on the ' track between the rails for a period of time sufficiently long to enable the motorman, had he been exercising…
2Cited by10 opinions
- Russell v. RhinehartAppellate Division of the Supreme Court of the State of New York · 1910
- Arker v. CohenAppellate Division of the Supreme Court of the State of New York · 1910
- Burns v. New York & Long Island Traction Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Cottrell v. CottrellAppellate Division of the Supreme Court of the State of New York · 1915
- Nowakowski v. New York & North Shore Traction Co.Appellate Division of the Supreme Court of the State of New York · 1913
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