Middleton v. Whitridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick W. Whitridge, as receiver of the Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in' the office of the clerk of the county of New York on the 21st day of June, 1912, upon the verdict of a jury for $20,000 rendered after á trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 24th day of June, 1912, denying the defendant’s motion for a new trial…
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Appeal by the defendant, Frederick W. Whitridge, as receiver of the Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in' the office of the clerk of the county of New York on the 21st day of June, 1912, upon the verdict of a jury for $20,000 rendered after á trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 24th day of June, 1912, denying the defendant’s motion for a new trial made upon the minutes in an action to recover damages for the death of the plaintiff’s intestate.
1Opinion of the Court
Clarke, J.:
Lewis Middleton, plaintiff’s intestate, fifty-one years of age, a forwarding agent and truckman, was in business at 29 Spruce street, and lived in an apartment house at the corner of Broadway and One Hundred and Fortieth street. He was of florid complexion, five feet nine and three-quarter inches in height, about 220 pounds in weight, and his general appearance as to health was good. On May 24,1910, he left his- office about one o’clock, lunched with a friend on a few sandwiches and a cup of coffee, and left him about half-past one, saying he was going to the ball game. The…
2Cases cited9 opinions
- McCahill v. New York Transportation Co.New York Court of Appeals · 1911
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Atchison, Topeka & Santa Fe Railway Co. v. ParrySupreme Court of Kansas · 1903
- Conolly v. Crescent City RailroadSupreme Court of Louisiana · 1889
- Wells v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by2 opinions
- People v. EichnerAppellate Division of the Supreme Court of the State of New York · 1915
- Middleton v. WhitridgeAppellate Division of the Supreme Court of the State of New York · 1920