Weber v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Williams, J., dissented. Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of February, 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 New York, and also from an order entered in said clerk’s office on the 13th day of February, 1896, denying the…
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Williams, J., dissented. Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of February, 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 New York, and also from an order entered in said clerk’s office on the 13th day of February, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the CourtRumsey, J.
Frederick Weber, the plaintiff’s intestate, was, as it is said, and as the jury has found, struck by one of the cars of the defendant company on the 9th of October, 1894, and received injuries of considerable severity. He was wounded somewhat about the head, but the most severe injury was a blow upon the knee, which never, as it seems, was cured. After the receipt of these injuries, and in the month of June, 1895, Frederick Weber died, and the plaintiff, as his administratrix, brought this action to recover damages for his death, which she charges was the result of the injuries he received by…
2Cases cited7 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Pollett v. . LongNew York Court of Appeals · 1874
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3Cited by16 opinions
- Claim of Riehl v. Town of AmherstNew York Court of Appeals · 1954
- Rey v. Colonial Nav. Co.Court of Appeals for the Second Circuit · 1941
- Hoey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Hurley v. New York & Brooklyn Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- McQuade v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903
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