Legal Opinion

Barrett v. Third Avenue Railroad

The Superior Court of New York City

Decided October 15, 1869PublishedCited by 1 opinion

Appeal from an order granting a new trial. This action was brought by Anna Barrett, to recover for injuries sustained by her, December 4, ”1865, while riding down town as a passenger in a Third-avenue car, which came into collision on the crossings, just below the Cooper Institute, with a Harlem Railroad Adams’ Express freight car going up town on the Fourth-avenue track, in the city of Hew York. • The trial was commenced before Mr. Justice Mohell and a jury, March 13, 1867,…

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Appeal from an order granting a new trial. This action was brought by Anna Barrett, to recover for injuries sustained by her, December 4, ”1865, while riding down town as a passenger in a Third-avenue car, which came into collision on the crossings, just below the Cooper Institute, with a Harlem Railroad Adams’ Express freight car going up town on the Fourth-avenue track, in the city of Hew York. • The trial was commenced before Mr. Justice Mohell and a jury, March 13, 1867, and closed March 19, with a verdict of two thousand dollars. A motion.was afterwards made for a new trial upon the case…

1Opinion of the CourtMcCunn, J.

This action is brought for injuries sustained by the plaintiff, while riding as a passenger in defendants’ car,—a car which came in collision on the crossings just below the Cooper Institute, with a Harlem freight car, going up on the Fourth-avenue track.

The trial was had before Mr. Justice Monell and a jury, and resulted, in a verdict of two thousand dollars.

A motion was afterward made for a new trial, upon the case, before Mr. Justice Jones, who granted the motion, and now we are sent the record from special term to be inspected, and after such inspection we are to say which of the judges…

2Cases cited10 opinions

  1. Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
  2. People v. Superior CourtNew York Supreme Court · 1833
  3. Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
  4. Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
  5. Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865

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3Cited by1 opinion

  1. Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884

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