McCann v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Catherine McCann, as administratrix, etc., of Simon McCann, against the New York & Queens County Railway Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
1Opinion of the CourtMcLAUGHLIN, J.
This action was brought to recover damages alleged to have been sustained by the plaintiff on the ground that the death of her intestate was caused by the negligence of the defendant. There have been two trials. Upon the first the plaintiff had a verdict, and from the judgment entered thereon an appeal was taken to this court, where the same was reversed, and a new trial ordered. 28 App. Div. 625, 50 N. Y. Supp. 912. On the second trial the plaintiff again had a verdict, and from the judgment entered thereon and an order denying a motion for a new trial this appeal is taken. On the former…
2Cases cited1 opinion
- McCann v. New York & Q. C. Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Southern Electric Ry. Co. v. HagemanCourt of Appeals for the Eighth Circuit · 1903