Zimmermann v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Philip Zimmermann, as administrator of the estate of Lawrence Zimmermann, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of "Westchester on the 6th day of August, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of July, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The action is for damages resulting from the death of Lawrence Zimmermann on June 1, 1894. He was riding in a wagon and crossing defendant’s street railway, when the wagon was struck by one of defendant’s cars and overturned, and Zimmermann received injuries resulting in his death on July fifth. This is the second *446appeal in this action, the first being from a judgment directing the dismissal of the complaint (3 App. Div. 219).
The evidence shows that Zimmermann was invited by Madden, the owner and driver of a peddler’s wagon, to ride with him towards the city of New York. In…
2Cases cited1 opinion
- Zimmerman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Anthony v. KiefnerSupreme Court of Kansas · 1915
- Mosson v. Liberty Fast Freight Co.Court of Appeals for the Second Circuit · 1942
- Lewin v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1899