Huerzeler v. Central Cross Town Railroad
New York Court of Appeals
Appeal from judgment..of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made November 1,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages from defendant, a horse railroad -company in the city of New York, for the alleged negligent killing of plaintiff’s infant daughter.
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Appeal from judgment..of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made November 1,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages from defendant, a horse railroad -company in the city of New York, for the alleged negligent killing of plaintiff’s infant daughter. It apjieared that said infant was a little over five years of age and had been at school four days; that in the evenings when it was warm she…
1Opinion of the CourtEarl, J.
This action was brought to recover damages for the death of the plaintiff’s infant daughter caused, upon the defendant’s railway track, in the city of Yew York, through the negligence of the driver of the horses attached to one of its cars. At the close of the evidence the trial judge charged the jury, and there were many requests by both sides to. charge, some of 'which were granted and some refused. After the charge was finished and the jury had retired, the counsel for the defendant excepted as follows: “ To the granting of the requests on the other side, and a refusal to charge those of…
2Cases cited3 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- McGarry v. . LoomisNew York Court of Appeals · 1875
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
3Cited by4 opinions
- Daly v. HinzCalifornia Supreme Court · 1896
- Hine v. Aird-Don Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Jones v. Brooklyn Heights RailroadNew York City Court · 1894
- Louisville, New Albany & Chicago Railway Co. v. SearsIndiana Court of Appeals · 1894