Fritsch v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York and Queens County Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 20th day of April, 1903, upon the verdict of a jury for $2,500, and also from an brdfer entered in said clerk’s office on the 19th day of May, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Concurrence
Woodward, J. (concurring):
I reach the same conclusion as that of Mr. Justice Bartlett, because I am persuaded that the record in this case does not raise the questions presented upon defendant’s brief in reference to the evidence respecting the use of a fender upon the car producing the injury. The rule was laid down in Steinweg v. Erie Railway (43 N. Y. 123, 126) that the defendant “ was guilty of negligence, if it adopted not the most approved modes of construction and machinery in known use, in the business; and the best precautions in known practical usé for securing safety. If there was…
2Cases cited3 opinions
- Steinweig v. . the Erie RailwayNew York Court of Appeals · 1870
- Babcock v. Fitchburg RailroadNew York Court of Appeals · 1893
- Babcock v. Fitchburg RailroadNew York Supreme Court · 1893