Legal Opinion

Rider v. Syracuse Rapid Transit Railway Co.

New York Court of Appeals

Decided May 13, 1902PublishedCited by 68 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the- fourth judicial department, entered October 15, 1901, affirming a judgment in favor, of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the- fourth judicial department, entered October 15, 1901, affirming a judgment in favor, of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court committed error in refusing to charge the jury “ that at the place where this accident occurred the rule of law which applies with reference to intersecting streets did not apply, and that at this place defendant had a paramount or superior right to…

1Opinion of the CourtO’Brien, J.

The plaintiff recovered, a verdict of five thousand dollars against the defendant in an action wherein the latter was charged with negligently causing the death of George H. Rider, the plaintiff’s husband and intestate, on the-17th of December, 1900. It is alleged that the deceased, who was riding in a covered delivery wagon, while crossing over defendant’-s street car tracks at the intersection of two streets, was struck by one of defendant’s electric cars, which caused him to be thrown to the pavement in such a severe and violent manner as to subsequently cause his death. The judgment…

2Cases cited3 opinions

  1. Ring v. . City of CohoesNew York Court of Appeals · 1879
  2. Wasmer v. . Del., Lacka. and West'n R.R. Co.New York Court of Appeals · 1880
  3. McKeon v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897

3Cited by68 opinions

  1. Green v. Los Angeles Terminal Railway Co.California Supreme Court · 1904
  2. Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
  3. Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
  4. Todd v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1915
  5. Southern Indiana Railway Co. v. FineIndiana Supreme Court · 1904

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