Shea v. United States Trucking Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marie L. Shea, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 29th day of July, 1921, setting aside the verdict of a jury for $12,500 in favor of the plaintiff and granting a new trial.
1Opinion of the Court
Page, J.:
This is a statutory action, pursuant to section 1902 et seq. of the Code of Civil Procedure,* to recover pecuniary damages for the negligent causing of the death of the plaintiff’s intestate, Christopher Shea.
The undisputed facts of the case are that the plaintiff’s intestate, at about ten o’clock p. m., was struck by the defendant’s automobile, a little south of the southeast corner of Broadway and Wall street; that the car passed over his body and went on the sidewalk and struck the lamp or signpost and stopped; that the body of the deceased was lying with the feet on the sidewalk…
2Cases cited8 opinions
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- People v. . O'NeilNew York Court of Appeals · 1888
- People v. . ChapleauNew York Court of Appeals · 1890
- Cannon v. . FargoNew York Court of Appeals · 1918
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3Cited by3 opinions
- Prevost v. One City Block LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Aydinian v. Federated Graphics CompaniesCivil Court of the City of New York · 1970
- Jeffries v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1962