Hoes v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Court of Common Pleas for the city and comity of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 15th day of December, 1893, upon the verdict of jury, and also from an order bearing date the 12th day of December, 1893, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The action was originally brought by one Spinoso to recover damages which he suffered by the negligence of the defendant in being thrown from a car from which he was alighting. The action was tried during his life and resulted in a verdict for the plaintiff, upon which a judgment was entered. After a notice of appeal had been served upon him he died, and letters of administration having been issued to the public administrator, he was substituted as plaintiff.
The defendant relies for a reversal upon certain errors which will be considered in the order in which they have been…
2Cases cited3 opinions
- Wohlfahrt v. . BeckertNew York Court of Appeals · 1883
- Dubois v. . BeaverNew York Court of Appeals · 1862
- Uransky v. Dry-Dock, East Broadway & Battery RailroadNew York Supreme Court · 1891
3Cited by7 opinions
- Coleman v. New York City Transit AuthorityNew York Court of Appeals · 1975
- Morell v. VargasCivil Court of the City of New York · 1975
- Irwin v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1898
- Harris v. Fifth Ave. Coach Co.Appellate Terms of the Supreme Court of New York · 1912
- Fox v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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