Legal Opinion

Wileman v. Metropolitan Street Railway Co.

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

Decided July 1, 1903PublishedCited by 5 opinions

Appeal by the defendant, the Metropolitan Street Railway Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of December, 1902, denying the defendant’s motion to vacate and set aside an execution therefore issued herein.

1Opinion of the Court

McLaughlin, J.:

There is no dispute as to the facts involved in this appeal. They are, so far as the same are material, as follows: The plaintiff, through her guardian ad litem, brought this action to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant. She recovered a judgment for a substantial amount, which was affirmed on appeal to this court. Thereafter, the guardian ad litem, through her attorney, asked the defendant to pay the amount of the judgment which it was ready and offered to do, provided the guardian ad Utem would file the…

2Cases cited1 opinion

  1. Wuesthoff v. . Germania Life Ins. Co.New York Court of Appeals · 1888

3Cited by5 opinions

  1. Heiter v. JolineAppellate Division of the Supreme Court of the State of New York · 1909
  2. Thayer v. Erie County Savings BankAppellate Division of the Supreme Court of the State of New York · 1914
  3. Honadle v. StaffordAppellate Division of the Supreme Court of the State of New York · 1934
  4. Greenberg v. New York Cent. & H. R. R.Appellate Division of the Supreme Court of the State of New York · 1913
  5. Greenberg v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913

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