Cavo v. Kalbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Andrew E. Kalbach, as receiver, 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 3d day of June, 1918, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 5th day of June, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
This is a' statutory action to recover damages for the negligent causing of death. The plaintiff called but one eye witness, a newsboy who was standing at the northwest corner of Seventy-third street and Second avenue. He testified that he was looking east at about a quarter to seven in the evening of January 29, 1917, and he saw the deceased leave the northwest corner and walk diagonally across the avenue in a southeasterly direction. The car operated by the defendant was a north-bound car. The deceased crossed the south-bound tracks, and just as he was stepping upon the north-bound…
2Cases cited5 opinions
- Peterson v. Ocean Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Peterson v. Ocean Electric Railway Co.New York Court of Appeals · 1915
- Ploxin v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1917
- Ploxin v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- McGuire v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919