Legal Opinion

City of New York v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1904PublishedCited by 7 opinions

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 27th day of March, 1902, upon the verdict of a jury for $971, and also from an order entered in said clerk’s office on the 11th day of April, 1902, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

The action is brought to recover damages to a hook and ladder truck, owned by the plaintiff, sustained by a collision with a street car, alleged to have been caused by the negligence of the defendant in the operation of the car. The facts concerning the collision are not materially different from those shown in the case of Geary v. Met. St. Ry. Co., and they Were stated and reviewed by this court on two appeals in that action. (Geary v. Met. St. Ry. Co., 73 App. Div. 441; 84 id. 514.) That was a statutory action to recover for the death of a fireman Who was riding on this truck,…

2Cases cited2 opinions

  1. Farley v. . the Mayor, Etc.New York Court of Appeals · 1897
  2. Geary v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by7 opinions

  1. Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
  2. Oklahoma Ry. Co. v. ThomasSupreme Court of Oklahoma · 1917
  3. King v. San Diego Electric Railway Co.California Supreme Court · 1917
  4. Green ex rel. Green v. United Railways Co.Missouri Court of Appeals · 1912
  5. Rivisto v. HellerAppellate Division of the Supreme Court of the State of New York · 1938

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