Kappus 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 11th day of April, 1902* upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 26th day of April, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The plaintiff was seriously injured on the 8th of March, 1899, at about seven p. m., by a collision with one of defendant’s north-bound cars at Ninety-first street and Second avenue in the city of New York, and he brought this action to recover damages by reason thereof upon the ground that the same were caused by defendant’s negligence. He had a verdict for $15,000, upon which judgment was entered, from which and from the order denying a motion for a new trial defendant has appealed.
We think this judgment must be reversed for the following reasons : (1) Plaintiff’s own…
2Cases cited5 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Geoghegan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Hergert v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Madigan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Mehrle v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Keefe v. . LeeNew York Court of Appeals · 1909
- Barney v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Porter v. New York City Interborough Railway Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Tully v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Wecker v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1910