Draper v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
•'Separate appeals by the .defendants, the Interborough Rapid Transit Company and the Rapid -Transit Subway Construction ' 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 29th day, of April, 1907, upon the verdict of a jury for $12,500, and also from respective orders entered in said clerk’s office on the 7th day of May, 1907, and on the 17th day of May, 1907, respectively,…
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•'Separate appeals by the .defendants, the Interborough Rapid Transit Company and the Rapid -Transit Subway Construction ' 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 29th day, of April, 1907, upon the verdict of a jury for $12,500, and also from respective orders entered in said clerk’s office on the 7th day of May, 1907, and on the 17th day of May, 1907, respectively, denying said defendants’ respective motions for a new trial made upon the minutes..
1Opinion of the Court
Laughlin, J..:
This is a statutory action* to recover for the death of Frederick Draper, alleged, to have been caused by the, negligence of the three defendants, and there' had been a recovery against all. The National Conduit and Cable Company took a separate appeal' and prepared a. separate record. Its appeal was argued and is to be-decided herewith-. On that appeal we have decided that errors prejudicial to the appellant wére committed and we have reversed the judgment and order and directed a new trial. (Draper v. Interborough Rapid Transit Co., No. 1, 124 App. Div. 351.)
Our attention.was…
2Cases cited5 opinions
- Stedeker v. . BernardNew York Court of Appeals · 1886
- Bamberg v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Stimson v. Van PeltNew York Supreme Court · 1868
- Lawton v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1906
- Draper v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by9 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Moshier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- Hewlett v. Van VoorhisAppellate Division of the Supreme Court of the State of New York · 1921
- Schuller v. RobisonAppellate Division of the Supreme Court of the State of New York · 1910
- Sayre v. Progressive Construction & Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1913
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