Boyce v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City 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 Westchester on the 7th day of March, 1907, upon the verdict of a jury for $27,500, and also from an order entered in said clerk’s office on the 8th day of March, 1907, denying the defendant’s motion for a new trial made upon the minutes..
1Opinion of the Court
Miller, J.:
At about one p. m. on October 14, 1903, the plaintiff’s intestate was attempting to cross lower Broadway from west to east, about opposite No. 32, and a short distance north of Morris street and Bowling Green, when he was struck by a south-bound electric car and sustained injuries from which he. died within an hour. The important question in the case is the one always present in this class of cases — has the plaintiff sustained the burden of showing that the deceased was free from contributory negligence ?
It was apparently assumed on argument by the learned counsel for the…
2Cases cited4 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Lockwood v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Read v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by6 opinions
- Missouri, K. & T. Ry. Co. v. WestSupreme Court of Oklahoma · 1913
- Goldstein v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Wecker v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Trieber v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Unger v. Belt Line Railway Corp.Appellate Division of the Supreme Court of the State of New York · 1918
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