Legal Opinion

Palmer v. Larchmont Horse Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 2 opinions

Appeal by the defendants, the Larchmont Horse Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, 'entered in the office of the clerk of the county of Westchester on the 18th day of February, 1903, upon the verdict of a jury for $8,000, and also from an order bearing date the 4th day of February, 1903, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Hirschberg, P. J.:

A number of questions are presented upon this' appeal, but in the view taken one only requires determination. The plaintiffs’ in tes*107tate, while driving upon a public highway in the town of Mamaroneck, was killed in a collision with a trolley car on a line of road claimed to be operated by the defendants jointly. The negligence chiefly if not solely ascribed to the defendants was that of the motorman who was in charge of the car at the time of the accident. But considerable evidence was given by the plaintiffs upon the trial to the effect that just previous to the accident…

2Cases cited1 opinion

  1. Monroe v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. Dean v. Tarrytown, White Plains & Mamaroneck RailroadAppellate Division of the Supreme Court of the State of New York · 1906
  2. Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904

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