Stern v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, International Railway Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 12th day of March, 1914, upon the verdict of a jury for $18,000, and also from orders entered in said clerk’s office on the same day, denying the defendants’ separate motions for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J:
This action is brought by the plaintiff, Edith M. Stern, as administratrix of the estate of her deceased husband, Philip H. Stern, to recover damages for the benefit of herself, as widow, and two small children, a boy and a girl, as next of kin surviving her said husband, upon the theory that his death was caused by the negligence of the defendants.
Plaintiff’s intestate was killed on the evening of April 23, 1912, at about dusk, by being thrown from an automobile in which he was riding on Main street in the city of Buffalo. The automobile was a five-passenger Kline car, and was the…
2Cases cited8 opinions
- Ferris v. . SterlingNew York Court of Appeals · 1915
- Norris v. . KohlerNew York Court of Appeals · 1869
- D., L. W.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1899
- McCann v. DavisonAppellate Division of the Supreme Court of the State of New York · 1911
- Gulliver v. BlauveltAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by2 opinions
- Nease v. Hughes Stone Co.Supreme Court of Oklahoma · 1925
- Friend-Rowe Motor Co. v. RicciCourt of Appeals of Texas · 1927