Legal Opinion

Middleton v. Whitridge

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

Decided June 4, 1920PublishedCited by 2 opinions

Appeal by the plaintiff, Nellie G. Middleton, as administratrix, etc., 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 13th day of October, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on- the 12th day of August, 1915, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Latighlin, J.:

This is a statutory action (Code Civ. Proc. § 1902 et seq.) to recover for the death of Lewis Middleton alleged to have been caused by the negligence of the defendant in continuing to carry him on a car on which he was a passenger after it was apparent to defendant’s employees in charge of the car or would have been apparent to them if they had exercised reasonable care and caution that he was seriously ill and in need of medical treatment, *174it being claimed by the plaintiff that if when his condition of serious illness became so apparent to the defendant’s employees in charge of…

2Cases cited2 opinions

  1. Middleton v. . WhitridgeNew York Court of Appeals · 1915
  2. Middleton v. WhitridgeAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by2 opinions

  1. Searcy v. Interurban Transp. Co.Supreme Court of Louisiana · 1938
  2. Searcy v. Interurban Transp. Co.Louisiana Court of Appeal · 1937

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