Mallard v. Ninth Ave. R. Co.
New York Court of Common Pleas
Appeal from trial term. This action was begun on the 25th day of June, 1879. The answer was served on the 4th day of August, 1879. It was tried before the court and a jury, February 9, 1881, and the complaint was dismissed, on motion of defendant’s counsel. After the proofs on the part of the plaintiff were in, a judgment was entered in favor of defendant, from -which plaintiff appeals.
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Appeal from trial term. This action was begun on the 25th day of June, 1879. The answer was served on the 4th day of August, 1879. It was tried before the court and a jury, February 9, 1881, and the complaint was dismissed, on motion of defendant’s counsel. After the proofs on the part of the plaintiff were in, a judgment was entered in favor of defendant, from -which plaintiff appeals. The action was brought to recover damages for the death of the plaintiff’s-intestate, Mary Ellen Mallard, who was killed on the 10th day of May, 1879, by being run over by a horse-car at the corner of…
1Opinion of the CourtDaly, J.
There was testimony on the part of the plaintiff to show that the deceased, a child between 9 and 10 years of age, was attempting to cross. Greenwich street, at the intersection of Spring street, in the evening, between 8 and half-past 8 o’clock; that there was a crowd of persons on the crosswalk at the time, who stood back to let the approaching car pass; that the-' deceased stopped about 2 feet from the car track, with her back to the approaching car, then 50 feet away, and called to companions on the sidewaU to follow her; that there was no obstruction to prevent the driver seeing…
2Cases cited8 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bisogno v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Elze v. BaumannThe Superior Court of the City of New York and Buffalo · 1893
- Bisogno v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Riegelman v. Third Avenue RailroadNew York Court of Common Pleas · 1894
- Towns v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.