Provoost v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John M. Provoost, as ancillary administrator, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 15th day of April, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Erie Trial Term.
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Appeal by the plaintiff, John M. Provoost, as ancillary administrator, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 15th day of April, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Erie Trial Term. The action was commenced on the 7th day of August, 1909, to recover damages for the death of plaintiff’s intestate which resulted, as alleged, solely because of defendants’ negligence.
1Opinion of the Court
McLennan, P. J.:
Plaintiff’s intestate, at about eleven o’clock on the morning of January 5, 1908, alighted from one of defendants’ Main street cars, north bound, at the crosswalk on the north side of Bryant street, at the intersection of Bryant street and Main street, in the city of Buffalo. The defendants at this point have two tracks. The north-bound cars run upon the easterly track while the westerly track is used for the south-bound cars. The .space between the inner rails at this point was 4.4 feet. While attempting to cross defendants’ tracks, using the crosswalk, a few feet in the rear…
2Cases cited6 opinions
- Reed v. Metropolitan Street Railway Co.New York Court of Appeals · 1905
- Pelletreau v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Maynard v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Craven v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Pelletreau v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1903
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3Cited by4 opinions
- Christensen v. James S. Hannon, Inc.New York Court of Appeals · 1920
- Wall v. International Railway Co.New York Court of Appeals · 1922
- Schasel v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Wall v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1921