Riddle v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.
New York Court of Appeals
'Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 22, 1902, affhming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed on the ground that the plaintiff failed to show absence of contributory negligence on the part of deceased.
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'Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 22, 1902, affhming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed on the ground that the plaintiff failed to show absence of contributory negligence on the part of deceased. (Knisley v. Pratt, 148 N. Y. 372; Gibson v. E. R. R. Co., 63 N. Y. 449; Buckley v. G. P. & R. M. Co., 113 N. Y. 540; Marsh…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for the alleged negligent killing of David Brown Alexander, commonly known as David Brown. The plaintiff was his maternal aunt, with whom he lived and supported. It does not appear that he left other relatives.
The decedent was a carpenter in the employ of Raughton & Co., contractors, who were engaged in altering switches for the defendant company. At the time of the accident they were engaged in changing a switch on the Boulevard near Seventy-first street in the city of Rew York, at which point the tracks curve around and run down Tenth avenue. An…
2Cited by5 opinions
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- Miller v. Utah Light & Traction Co.Utah Supreme Court · 1939
- Kozlowski v. Rochester, Syracuse & Eastern RailroadAppellate Division of the Supreme Court of the State of New York · 1911