Baruth v. Poughkeepsie City & Wappinger's Falls Electric Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Helen Baruth, as administratrix, etc., of David Baruth, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Dutchess on the 24th day of February, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of February, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hibschberg, J.:
The plaintiff’s decedent was a passenger on one of the defendant’s trolley cars going westerly down Main street, in the city of Poughkeepsie, on the 3d day of December, 190.1. There was slush and snow at the time upon the track, and the motorman was unable to control the car with the appliances furnished him. As a result the car attained such headway in going down the hill that when it reached the end of the track it was derailed, and, crossing the dock at the foot of Main street, it went over the stringpiece and into the Hudson river, killing the plaintiff’s decedent.
*326The…
2Cases cited3 opinions
- Newall v. . BartlettNew York Court of Appeals · 1889
- Auld v. . Manhattan Life Insurance CompanyNew York Court of Appeals · 1900
- Auld v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898