McLaughlin v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, the Manhattan Bailway Company, from a judgment .of the Supreme Court in favor of the plaintiff, entered in the office of the clerk .of the county of Bew York on the 17th day of May, 1905, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 15th day of May, 1905, denying the defendant’s motion for a new trial made Upon the minutes.
1Opinion of the Court
McLaughlin, J.:
On the 28th of November, 1902, the plaintiff’s intestate was struck and killed by one of the defendant’s trains, and she brings this action to recover the .damages alleged to have been sustained upon the ground that his death was caused by defendant’s negligence.
The accident occurred about eight o’clock in the morning, at a point a little south of the intersection of Seventy-sixth street and Columbus avenue, at which place the defendant maintains an elevated railroad structure, on which trains are operated. The intestate for about two months preceding the accident had been…
2Cases cited3 opinions
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Crown v. . OrrNew York Court of Appeals · 1893
- Ryan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Krug v. American Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1907