Hooper v. Johnstown, Gloversville & Kingsboro Horse-Railroad
New York Supreme Court
Appeal from circuit court, Fulton county. Action by John Hooper, administrator of Theresa Hooper, deceased, against the Johnstown, Gloversville & Kingsboro Horse-Railroad Company, to recover damages for negligently causing the death of plaintiff’s intestate. Defendant appeals from a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial.
1Opinion of the CourtLearned, P. J.
This is an appeal by defendant from a judgment on verdict and from an order denying a new trial. The action was brought by the administrator of Theresa Hooper, a child about 12 years old, to recover damages for her death, alleged to have been occasioned by the wrongful act of defendant. The complaint alleged that the defendant, in constructing its track, wrongfully took possession of a part of the highway between Johns-town and Gloversville, and maintained exclusive, control thereof, the part being such as was used by foot passengers; and thus that defendant interfered with the use of the…
2Cases cited3 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Cusick v. . AdamsNew York Court of Appeals · 1889
- Bond v. . SmithNew York Court of Appeals · 1889
3Cited by5 opinions
- Roberton v. Mayor of New YorkNew York Court of Common Pleas · 1894
- Kalonczyk v. StateNew York Court of Claims · 1936
- Martin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1926
- Martin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1926
- Travis v. Town of CarroltonNew York Supreme Court · 1889