McGuire v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Railways 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 26th day of March, 1918, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 16th day of April, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Merrell, J. (dissenting):
This is an appeal by the defendant from a judgment in plaintiff’s favor for personal injuries.
Plaintiff, a resident of the city of New York, a steamfitter *72by trade, on the evening of March 21, 1915, attempted to cross Lenox avenue at the southerly crosswalk at One Hundred and Twenty-third street, when he was struck by defendant’s south-bound car and severely injured. Attributing his injuries to the negligence of the defendant, and claiming that he himself was free from negligence which contributed to the accident, he brought this action to recover damages for such…
2Cases cited7 opinions
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Peterson v. Ocean Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Ploxin v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1917
- Woodward v. . New York Railways CompanyNew York Court of Appeals · 1917
- Ploxin v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1915
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