Handy v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fannie Cornelia Handy, as administratrix, etc., of William Cole Handy, 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 6th day of April, •1901, upon the dismissal of the complaint by direction of the court ■after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 11th day of March, 1901, denyr ing the plaintiff’s…
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Appeal by the plaintiff, Fannie Cornelia Handy, as administratrix, etc., of William Cole Handy, 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 6th day of April, •1901, upon the dismissal of the complaint by direction of the court ■after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 11th day of March, 1901, denyr ing the plaintiff’s motion for a. new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
The plaintiff’s intestate, while crossing to the westerly side of Third avenue, about seventy feet south of Seventy-second street, at *28a few minutes after nine o’clock on the evening of July 11, 1900, was struck by the defendant’s south-bound electric car and thrown-from the track and killed.
The deceased was a man about fifty years of age. The evidence is that he was. walking, and continued to walk until he was struck, at a natural and ordinary gait, and that he started from the sidewalk, which is thirty-three feet from the track where the. accident occurred, when the electric car…
2Cases cited5 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- Kettle v. . TurlNew York Court of Appeals · 1900
- Johnson v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Copeland v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by9 opinions
- Hoyt v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Wilson v. New York Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Benjamin v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
- Copeland v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
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