Legal Opinion

Biederman v. Dry Dock, East Broadway & Battery Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 3 opinions

Appeal by the defendant, The Dry Dock, East Broadway and Battery Railroad Company, from a judgment of .the Supreme Court fill favor of the plaintiff, entered in the office of the clerk of the '•county of New York .on the 16th day of March, 1900, upon the werdict of a jury for $1,250,' and also from an order entered in saqi "clerk’s office on the lltli day of March, 1900, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

O'Brien, J.:

The action was brought to recover for personal injuries sustained through the alleged negligence of defendant’s servants by' Bertha Biedérman, a child of thirteen years, who was struck by one of the defendant’s north-bound hoiise- cars while crossing Avenue B in an. easterly direction at the junction of Houston street at about a quarter-past six o’clock' p. m. of the 10tli day of March, .189?. Motion was made when the plaintiff rested and again at the close of the case to dismiss the complaint on the ground that the plaintiff had not sustained the burden imposed by' law of proving…

2Cases cited1 opinion

  1. Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898

3Cited by3 opinions

  1. Schwarzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  2. Jackson v. Union Ry. Co. of New York CityAppellate Division of the Supreme Court of the State of New York · 1902
  3. Schwartzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1901

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