Trieber v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah J. Trieber, as executrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 23d day of January, 1909, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Queens County Trial Term, and also from an order entered in said clerk’s office on the 26th day of January, 1909, directing the dismissal of…
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Appeal by the plaintiff, Sarah J. Trieber, as executrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 23d day of January, 1909, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Queens County Trial Term, and also from an order entered in said clerk’s office on the 26th day of January, 1909, directing the dismissal of the complaint and denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff contends that there is evidence tending to show that her intestate, without fault on his part, was struck by one of defendant’s trolley cars, and received injuries from which he died, and that the accident was due to the defendant’s negligence. The accident occurred about twenty minutes after six o’clock on the evening of January 31, 1908, on the south side of Newtown avenue, a short distance east from its junction with Flushing avenue. On that side of the street the space between the defendant’s tracks and a wire fence on the side of the street was only about five…
2Cases cited1 opinion
- Lamb v. Union Railway Co.New York Court of Appeals · 1909
3Cited by4 opinions
- Horne v. Southern Railway CompanySupreme Court of South Carolina · 1938
- Rice v. Michigan Railway Co.Michigan Supreme Court · 1919
- Trieber v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Lowy v. GreenAppellate Division of the Supreme Court of the State of New York · 1947