Geary v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of December, 1902, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 23d day of December, 1902, denying the defendant’s motion for a. new trial made upon the minutes.
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Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of December, 1902, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 23d day of December, 1902, denying the defendant’s motion for a. new trial made upon the minutes. The action was brought to recover damages resulting from the death of the plaintiff’s intestate, who was a member of the fire department of the city of New York, and had been…
1Opinion of the Court
Laughlin, J.:
The facts in this case are not materially different from those presented by the record on a former appeal where they were fully stated and reviewed in our opinion, and it is unnecessary to restate them. (Geary v. Metropolitan St. Ry. Co., 73 App. Div. 441.) We were then of the opinion that the evidence required the submission to the jury of the question of decedent’s freedom from contributory negligence and of the defendant’s negligence, and was sufficient to sustain a verdict in favor of the plaintiff upon both propositions. We have examined the evidence in this record and are…
2Cases cited11 opinions
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Seaman v. . KoehlerNew York Court of Appeals · 1890
- Phillips v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1891
- Geary v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Bailey v. JourdanAppellate Division of the Supreme Court of the State of New York · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
- Ottmann v. Village of Rockville CentreNew York Court of Appeals · 1937
- Oklahoma Ry. Co. v. ThomasSupreme Court of Oklahoma · 1917
- Bartholomew v. Oregonian Publishing Co.Oregon Supreme Court · 1950
- Earl v. Bouchard Transportation Co.District Court, E.D. New York · 1990
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