McCluskey v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by John A. McCluskey as administrator of the estate of Charles McCluskey, deceased, against the Metropolitan Street Railway Company. From a judgment for plaintiff, and an order denying a new trial, defendant appeals.
1Opinion of the CourtIn Graham, J.
The plaintiff’s intestate was on the nth of February, 1899, crossing the track of the defendant railway, about 8 o’clock in the evening, when he was -struck by one of the defendant’s cars, and sustained injuries which resulted in his death. The night was very cold, and there is evidence that at the time of the accident it was snowing. The car that struck the plaintiff’s intestate was a south-bound car, upon the west track. The plaintiff’s intestate attempted to cross the street from the west to the east, and as he stepped upon the track the car struck him. The plaintiff called as witnesses…
2Cited by3 opinions
- Hoyt v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Pelletreau v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Hoyt v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902