Johnson v. Rochester Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rochester Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, - entered in the office of the clerk of the county of Monroe on the 10th day of July, 1900, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 13th day of June, 1900, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Rochester Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, - entered in the office of the clerk of the county of Monroe on the 10th day of July, 1900, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 13th day of June, 1900, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 14th day of August, 1899, to recover damages sustained by the next of kin of Andrew Johnson, a brother of the plaintiff, on account of his death, which occurred…
1Opinion of the Court
McLennan, J.:
On the 25th day of June, 1899, the defendant was engaged in operating an electric double-track street surface railroad in the center of Clinton street, which was forty-four feet wide between the curbs, in the city of Rochester, N. Y. Clinton street extends substantially north and south, and is crossed at a sharp angle by Franklin street, which is thirty-eight feet wide between the curbs.
At about ten-thirty o’clock at night of the day in question the deceased was driving a single horse attached to a light lumber wagon, going southeast at a sharp trot along the center of Franklin…
2Cases cited5 opinions
- O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
- Belton v. . BaxterNew York Court of Appeals · 1873
- Kennedy v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Hergert v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- In re Shipman's EstateNew York Supreme Court · 1889
3Cited by5 opinions
- Handy v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Brooks v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Solomon v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Robinson v. New York City Ry. Co.Appellate Terms of the Supreme Court of New York · 1904