Griffiths v. Metropolitan Street Railway Co.
New York Court of Appeals
Appeal from a judgment entered October 24, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment dismissing the complaint and reinstating a verdict in favor of plaintiff.
Read the full summary
Appeal from a judgment entered October 24, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment dismissing the complaint and reinstating a verdict in favor of plaintiff. On the 17th day of April, 1899, the plaintiff, a boy between seven and eight years of age, was struck by one of the defendant’s north-bound cable cars on Columbus .avenue, between Ninety-third and Ninety-fourth streets, in the city of New York. This action is brought to recover damages for the injuries lie thus received. The accident occurred between five and…
1Opinion of the CourtWerner, J.
The form of defendant’s motion to dismiss the complaint seems to concede that there was some evidence of defendant’s negligence as well as plaintiff’s freedom from contributory negligence. The motion was based upon plaintiff’s alleged failure to establish by “ preponderance of proof that he was free from contributory negligence and that the accident was caused solely by the negligence of the defendant.” However that may be, the facts involved in the inquiry have been disposed of by the learned Appellate Division in favor of the plaintiff, and this court is bound by that decision. The only…
2Cases cited7 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- People v. . KoernerNew York Court of Appeals · 1897
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Renihan v. . DenninNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- People v. DecinaNew York Court of Appeals · 1956
- Bloodgood v. LynchNew York Court of Appeals · 1944
- In Re Martin, Jr.Ohio Supreme Court · 1943
- Green v. Terminal RailroadSupreme Court of Missouri · 1908
32 more not listed; retrieve them via the Exa API.