McDonald v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Grace McDonald, as administratrix, etc., of John F. McDonald, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in tjie office Of the clerk of the county of the New York on the 21st day of December, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of October, 1898, denying the plaintiff’s motion for a new trial made upon the…
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Appeal by the plaintiff, Grace McDonald, as administratrix, etc., of John F. McDonald, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in tjie office Of the clerk of the county of the New York on the 21st day of December, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of October, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:.The action was brought to recover damages for the negligence of the defendant which resulted in the death of the plaintiff’s son. At the close of the evidence the court submitted to the jury three questions, directing them to render answers to each one. After some consideration the jury came into court and reported that they had been unable to agree to answers to the questions, but that they . had agreed on a verdict. The court refused to allow them to render the verdict agreed upon, or to accept any verdict except in answer to the three questions, and upon the statement of…
2Cases cited6 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Stuart v. SimpsonNew York Supreme Court · 1828
- Colt v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1872
- Luhrs v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fealey v. . BullNew York Court of Appeals · 1900
- Specht v. Waterbury Co.New York Supreme Court · 1911
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Grockie v. HirshfieldAppellate Division of the Supreme Court of the State of New York · 1900
- In re Proving the Last Will & Testament of StrongNew York Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.