McGuire v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interborough. Rapid Transit Company, from a judgment of the Supreme Court in favor of the plaintiff, entered- in the office óf thé clerk of the county of Orange, on the 15th day of April, 1904, upon the vérdict of a jury' for $1,500, and also from an order entered in said clerk’s office on the 11th day of April, 1904, denying the defendant’s motion-for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
This is a statutory action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant between twelve and one o’clock on the afternoon o'f the 4th day of April, 1903. .The evidence on the part .of the plaintiff tended to show that it was a cold, stormy day, with rain in the morning, followed -by sleet and snow which continued up to the time of the accident; that at a point on tlíé platform of the defendant’s station where passengers;, alight from and'board its trains, north of the^eovered portion of the platform,…
2Cases cited4 opinions
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- Ayres v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1899
- Weston v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1878
- Rusk v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- Eugene O'COnnOr v. The Pennsylvania Railroad CompanyCourt of Appeals for the Second Circuit · 1962
- Murphy v. Hudson & Manhattan RailroadAppellate Division of the Supreme Court of the State of New York · 1917
- Barnwell v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1961
- Bertilaccio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
- Dwyer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1963
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