McQuade v. Metropolitan St. Ry. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by Ellen McQuade, as administratrix, against the Metropolitan Street Railway Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtPatterson, J.
The plaintiff’s intestate died on the 13th of January, 1902. His death was caused by inflammation of the brain. On the 28th of July, 1901, he was injured by a car which was being operated by the defendant’s servants on its railway on Eighth avenue. It was proven that he, with his wife and children, were passengers on the car; that it stopped; that he descended, and was helping one of his little children to alight, when the car prematurely-started, and he was struck and thrown down, ahd received a compound fracture of the wrist. The evidence upon the issues of negligence and contributory…
2Cases cited3 opinions
- Pollett v. . LongNew York Court of Appeals · 1874
- Weber v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Weber v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Claim of Riehl v. Town of AmherstNew York Court of Appeals · 1954
- Rey v. Colonial Nav. Co.Court of Appeals for the Second Circuit · 1941
- Koch v. ZimmermannAppellate Division of the Supreme Court of the State of New York · 1903
- Katz v. StateAppellate Division of the Supreme Court of the State of New York · 1960
- Frontier Town Properties, Inc. v. StateNew York Court of Claims · 1968
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