Terwilliger v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered'in the office of the clerk of the county of Kings on the 18th day of December, 1911, upon the verdict of a jury for $40,000, and also from an order entered in said clerk’s office on the 11th day of December, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This is an action to recover damages for the death of plaintiff’s husband, due to the alleged negligence of the defendant in the operation of one of its trains on the 3d day of October, 1909. It appears from the evidence that Dr. Terwilliger, plaintiff’s intestate, was invited to accompany a Mr. Welsh in his automobile to Long Beach on the day in question, and that Dr. Terwilliger and Mr. Welsh were accompanied by a Mr. Rhoades, who occupied the “rumble ” seat upon Mr. Welsh’s roadster, and who was at the time of the accident leaning forward, talking to Dr. Terwilliger. Mr. Welsh…
2Cited by8 opinions
- Leclair v. BoudreauSupreme Court of Vermont · 1928
- Emens v. Lehigh Valley R.District Court, N.D. New York · 1915
- Sherman v. LeichtAppellate Division of the Supreme Court of the State of New York · 1933
- Hardin v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Nelson v. NygrenAppellate Division of the Supreme Court of the State of New York · 1931
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