Seipp v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Dry' Dock, East Broadway and Battery 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 Flew York on the 20th day of February, 1899, upon the verdict of a jury for $5,000, and also from an order entered in said -clerk’s office on the 24th day of February, 1899, denying the defendant's motion for a new trial made upon the minutes.
1Opinion of the Court
Barrett, J.:
This is an action to recover damages for the death of one Fred-erick Seipp caused, as alleged, by the defendant’s negligence. The •claim is that on the morning of the 15th of June, 1898, while Seipp was standing on the rear footboard of an ice wagon, which was •erosing Grand street at the intersection of Forsyth, one of the ■defendant’s cars negligently struck the ice wagon, throwing Seipp •off and causing the injuries from which he died. The defendant’s •claim is that the car never struck the ice wagon, and that the acci•dent was caused by the latter’s jolting against the'tracks…
2Cases cited3 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Whitaker v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1873
- Maisels v. Dry Dock, East Broadway & Battery Street RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903