Austin v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George A. Austin, as administrator, etc., of Emma May Flynn, deceased;, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk óf the county of New York on the 21st day of March, 1905,-upon the verdict of a jury rendered by direction of the ■ court, and also from an order entered in said clerk’s pffice on the 24th day of February,. 1905, denying the plaintiff’s motion for a new trial made upon the minutes. '
1Opinion of the Court
Clabke, J.:
This is an administrator’s action to recover damages ■ for the death of plaintiff’s intestate who was killed through the alleged negligence of the defendant’s servants. The plaintiff was the father of the intestate.
Mrs. Flynn, the intestate, was twenty-six years of age at the time of the accident and in good..health. She was conducting a manicure business on her own account, and had been for two and one-half years next preceding her death,, Was proficient in business, regular in her attendance and' punctual in her business habits. She was a well-built woman of medium height. - Her…
2Cases cited11 opinions
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Schell v. . PlumbNew York Court of Appeals · 1874
- Robins v. . McClureNew York Court of Appeals · 1885
- Sauter v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
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3Cited by5 opinions
- Powers v. Sutherland Auto Stage Co.California Supreme Court · 1923
- Lewis v. StateNew York Court of Claims · 1920
- Steenberg v. LewisAppellate Division of the Supreme Court of the State of New York · 1927
- Loeb v. Sheldon Foster Supply Co.Appellate Division of the Supreme Court of the State of New York · 1935
- The O'Brien Bros.District Court, E.D. New York · 1918