Schwarzbaum v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jennie Schwarzbaum, as administratrix etc., of Moritz Schwarzbaum, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of December, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Tidal Term.
1Opinion of the Court
O'Brien, J.:
This action is founded upon the allegation that in consequence of the negligence of the defendant’s servants engaged in operating one of its street cars, the plaintiff’s intestate sustained injuries resulting in his death. On the trial, at the close of the plaintiff’s proofs, the complaint was dismissed, the court ruling that the decedent did not exercise “ ordinary care and caution ” when the accident occurred. The learned trial justice in commenting on the evidence remarked that it was “ impossible to come to any other conclusion.” ' Hence the plaintiff was nonsuited on the…
2Cited by9 opinions
- Marchal v. Indianapolis Street Railway Co.Indiana Court of Appeals · 1901
- Pelletreau v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Schwarzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Schwartzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Tupper v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901
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