Oishei v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Metropolitan Street Railway Company and another, from a judgment of the Supreme Court in favor-of the plaintiff, entered in the office of the clerk of the county of Hew York on the 5th day of January, 1905, upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
McLaughlin, J.:
The wife of the defendant Gallo sustained personal injuries by reason of the negligence of the defendant railway company, and he *710thereafter brought an action against it to Teco ver for the loss of her services. Prior to the commencement of the action he entered into a written agreement with his attorney which provided, among other things, as follows : “ I do hereby agree., stipulate and contract with my said attorney to pay him one-half: of any settlement or recovery in said action, and he is, in' addition thereto, to receive all costs and interests recovered or to which he may…
2Cases cited5 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- McIlvaine v. SteinsonAppellate Division of the Supreme Court of the State of New York · 1904
- Oishei v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Custer v. . Greenpoint Ferry CompanyNew York Court of Appeals · 1885
3Cited by10 opinions
- Marks v. StrubleDistrict Court, D. New Jersey · 2004
- Rabenstein v. Morehouse, New York County Courts1926
- In re the Probate of the Will of BrownNew York Surrogate's Court · 1957
- Walsh v. HoskinsMontana Supreme Court · 1912
- Commissioners of State Insurance Fund v. SchellAppellate Division of the Supreme Court of the State of New York · 1965
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