Schuster v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 14, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exception of the defendant railway company to the charge of the learned trial justice to the jury presents reversible error.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 14, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exception of the defendant railway company to the charge of the learned trial justice to the jury presents reversible error. (Ross v. M. S. R. Co., 104 App. Div. 378; Fielders v. N. J. S. R. R. Co., 58 Atl. Rep. 404; Eckes v. Stetler, 98 App. Div. 81; City of…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for a personal injury, alleged to have been received by the plaintiff through the negligence of the defendant.
The plaintiff, Hugo Schuster, a boy eleven years of age, was, on the 15th day of April, 1900, playing in 42d street, between Eighth and FTinth avenues. Some one called that a policeman was coming. He then turned and saw a policeman coming on the south side of the street, and thereupon the plaintiff ran east; as he ran lie turned his head to see where the policeman was and saw a car approaching about twenty or twenty-five feet from him. While…
2Cases cited6 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Worster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Conway v. . City of RochesterNew York Court of Appeals · 1898
- Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.New York Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Burke v. City of New YorkNew York Court of Appeals · 1956
- Burke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955
- Burke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955
- Burke v. City of New YorkNew York Court of Appeals · 1956
- Burke v. City of New YorkNew York Court of Appeals · 1956
1 more not listed; retrieve them via the Exa API.