Loewe v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City Bailway 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 9th day of January, 1907, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 9th day of January, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is a statutory action to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the-defendant in operating a car upon which he was a passenger, resulting in liis being thrown from the car while it was passing around a slight curve in Central Park on the track traversing. Central Park from Eighty-sixth, street. On the west to Eighty-fifth street on the east, known as the Eighty-sixth Street Crosstown line.
I am of opinion that the evidence tending to show that the car was operated a.t an unusual rate of speed while passing…
2Cases cited2 opinions
- Lucas v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Fogerty v. . Union Railway Company of New York CityNew York Court of Appeals · 1902