Kaplan v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Groimon Kaplan, as administrator, etc., of Israel Kaplan, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of March, 1904, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 26tli day of February, 1904, denying the plaintiff’s motion for a…
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Appeal by the plaintiff, Groimon Kaplan, as administrator, etc., of Israel Kaplan, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of March, 1904, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 26tli day of February, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is a statutory action to recover damages for the death of Israel Kaplan alleged to have been caused by the negligence of the defendant. On the 15th day of July, 1899, the decedent, who was then six years of age, while crossing upon the north-bound or easterly track of the defendant in South street at the foot of Market street was struck by one of the horses attached to a north-bound car; and run over by the car, inflicting injuries which resulted in his death. It was on Saturday, a bright pleasant day, and the accident occurred between one and three o’clock in the afternoon.…
2Cases cited3 opinions
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Lafferty v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Lafferty v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1903
3Cited by1 opinion
- Pittel v. BurkhardAppellate Division of the Supreme Court of the State of New York · 1907