Berkowitz v. Consolidated Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Consolidated Gas Company of ■Yew York, from an order of the Supreme Court, made at the Yew York Trial Term and entered in the office of the clerk of the county of Yew York on the 14tli day of April, 1909, granting the plaintiff’s motion made upon the minutes to set aside the verdict of a jury theretofore rendered in favor of the said defendant and for a new trial.
1Opinion of the Court
McLaughlin, J.:
On the 21st of April, 1908, the plaintiff, a lad then about fifteen years of age, was a passenger on one of the horse cars of the defendant railway. As the car was proceeding around a curve at or near the junction of the Bowery and Spring street he was thrown from it and sustained personal injuries, and this action was brought to recover damages therefor. In his complaint he claimed the injuries sustained by him were due to the joint negligence of the defendants. The specific act of negligence alleged was the car colliding with a cart of the gas company. At the trial, that the…
2Cited by14 opinions
- Perham v. CottleNew York Supreme Court · 1916
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Brush v. ConstableAppellate Division of the Supreme Court of the State of New York · 1915
- Jackson v. Olin J. Stephens, Inc.New York City Court · 1913
- Berkman v. FriedmanCity of New York Municipal Court · 1918
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