Heuser v. New York Transportation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hew York Transportation Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th day of June, 1910.
1Opinion of the Court
Jenks, P. J.:
This is an appeal from an order of the Special Term that grants a new trial to the plaintiff upon the grounds of newly-discovered evidence and of surprise. The plaintiff’s husband, attempting to cross Fifth avenue near Thirty-fifth street in the borough of Manhattan, Hew York city, came in collision with the defendant’s electric cab and received injuries that caused his death. This action is brought to recover damages for the defendant’s negligence. The theory of the plaintiff was that her intestate had halted to permit the traffic to pass, when the defendant’s electric motor cab…
2Cases cited2 opinions
- Kring v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Hagen v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Collins v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1929
- In re the Estate of HutchinsNew York Surrogate's Court · 1932