McDonald v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
On motion for reargument. For former opinion, see 78 N. Y. Supp. 284.
1Opinion of the CourtHatch, J.
This motion is based upon the ground that the court overlooked in considering -the charge a controlling decision of the Court of Appeals. The decision thus called to our attention is that of Mangam v. Brooklyn City R. R. Co., 38 N. Y. 455, 98 Am. Dec. 66. Therein Judge Grover defined “negligence” in these words: “Legal negligence'is the omission of such care as persons of ordinary prudence exercise and deem adequate to the circumstances of the case.” That portion of the charge which the court in deciding this'case held to be error reads as follows: “It was the duty of this boy to exercise…
2Cases cited14 opinions
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
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3Cited by1 opinion
- Doggett ex rel. Doggett v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1907